L1B outside US.can L2 visa stay in the US?

[JOVY32]

Need help for this queries:
1.My husband go back to the company to continue his work.he hold L1B visa...the company assign him again the Philippines,as a wife holding an L2 can I still stay in the US?
2.If I cant stay,to continue my wor..what other options of visa can I apply to stay longet to work even my husband is in the Phil?

Thanks..

[raghvi]

Need help for this queries:
1.My husband go back to the company to continue his work.he hold L1B visa...the company assign him again the Philippines,as a wife holding an L2 can I still stay in the US?
2.If I cant stay,to continue my wor..what other options of visa can I apply to stay longet to work even my husband is in the Phil?

Thanks..

1. No. Only small period stays for L2 are allowed while L1 is outside US .
2. Apart from your own L1 , h1 is the one option I can think of.

This is my opinion not legal advice.

[JOVY32]

Thanks .
Even if my L2 is not expired yet ...can I apply H1?

[raghvi]

Thanks .
Even if my L2 is not expired yet ...can I apply H1?

Yes even if L2 is not expired. L2 is a dependent visa, so unless L1 is maintaining valid status by staying and earning and working for L1 employer, in US , L2 doesnt hold any meaning.

H1 cap is already over for this year, unless you can find an employer who is cap exempt, you would have to await next year to file a fresh H1.

This is my opinion not legal advice.

[JOVY32]

Thanks a lot! For helping me to understand two question left.
1.can my husband holding an L1b renew his own ..or can he apply H1 also just incase his not working anymore to the petitioner company?

2.can I apply for ead working permit in H1?

[raghvi]

1. L1 extension has to be filed by the employer. Employee cannot unilaterally request it. Yes if your spouse qualifies for H1 he can find a sponsor/employer to file for his H1 petition, again cap subject H1 is closed for this year, the earliest one can apply for cap subject H1 is April 2015 and earliest one can move to cap subject H1 next year is Oct 2015.

2. If your spouse gets H1 you become eligible for H4, but on H4 you cannot work. You need an H1 of your own to work. H1 itself authorizes you to work with the sponsor/employer you dont need a separate EAD for it. So if you qualify for H1 you can find a sponsor/employer to file for your H1 petition, again cap subject H1 is closed for this year, the earliest one can apply for cap subject H1 is April 2015 and earliest one can move to cap subject H1 next year is Oct 2015.


This is my opinion not legal advice.