Validity L2 dependent visa

[ipksingh]

Hi,

I came to USA on L1B Visa which was valid till Nov 2013. USCIS issued me I94 which is valid till Oct 2016. I have not travelled to India since the time I came. My wife had got L2 dependent visa based on my L1B petition. Since she applied in July 2013, USCIS issued her L2 Visa upto July 2016. Now I have applied for L1A. Its in process. Presuming if its approved, I have the following questions:

1) My legal department have informed us that my wife need not have to apply for any fresh dependent visa based on my L1A petition since her old L2 Visa is already issued upto July 2016. Does she really need not have to apply for dependent visa based on my L1 A petition?

2) I would have to go India for getting the stamping done for L1A, and my wife will also be leaving to India may be before me or along with me. While coming back, the situation would be I will be having new L1A and she will be still on L2 dependent Visa based on my old L1B Visa. Would she be able to enter USA based on her old L2 dependent Visa? If no, then does she need to apply for fresh L2 Visa based on my new L1A petition? I asked this question to my legal team, they say that my wife would be able to enter USA based on her Old L2 dependent Visa since her Visa is valid upto July 2016. No need to apply for new L2 dependent visa based on my L1A petition. However, I had a doubt because my wife's L2 dependent Visa was based on my L1B visa. When the visa of the principal applicant is no more, would it possible for dependent to travel based on the old Visa?

3) Generally if the petition for L1A gets approved, there should not ba problem for stamping of Visa? However, are there any chances that even after the L1A petition is approved, the US Consulate may deny a Visa? If so, then what would be the consequence? In such case, would i be able to apply for any other visa such as B1 or B2 to make sure that i can travel back to USA and get the household stuff settled down and come back?

Please clarify.

Thanks.

[me_shaan]

If you are getting a new visa, ideally all your dependents should be moved to the new petition/visa. Else they will face problems entering US later on.

L1B to L1A transfers can be tricky, unless you prove that you have done significant managerial work in the recent past along with your technical expertise.

You should always try to complete your L1A convertion at least 2 months before expiry of your L1B, preferrably from a consulate in Mexico or Canada. That way, if your L1A is rejected, you go back to US immediately, wrap things up and go back to India.