Is it possible to apply for a B1/B2 visa, with valid L1/L2?

[fredricdavid]

Hi,

I am currently working in the US with a valid L1B visa. My wife, with a L2 visa, is in our home country. She is planning to visit me soon and wants to stay here for a medical treatment for 4 months. However, I might have to resign from my company during her visit. If she comes to the US with her L2 visa and after 2 months I resign, we will be out of status.

I am wondering if she can apply for a B1/B2 visa before she comes, while she is holding a valid L2 visa. When she enters the custom, she can show her B1/B2 visa, instead of L2. In this situation, no matter I resign or not, she can still get her medical treatment without worrying out-of-status issues.

Is this possible to do so?

Fredric

[inadmissible]

Hi Fredric

She can indeed apply for a B-2 visa. There is no per se prohibition against it.

That said, B visas require that the applicant overcome the presumption of immigrant intent. This was not a requirement for your L-1 visa, nor a requirement for her L-2 visa.

The fact that she maintains a home abroad bodes well in her favor. She should not hesitate to apply for the visa.

[raghvi]

Hi,

I am currently working in the US with a valid L1B visa. My wife, with a L2 visa, is in our home country. She is planning to visit me soon and wants to stay here for a medical treatment for 4 months. However, I might have to resign from my company during her visit. If she comes to the US with her L2 visa and after 2 months I resign, we will be out of status.

I am wondering if she can apply for a B1/B2 visa before she comes, while she is holding a valid L2 visa. When she enters the custom, she can show her B1/B2 visa, instead of L2. In this situation, no matter I resign or not, she can still get her medical treatment without worrying out-of-status issues.

Is this possible to do so?

Fredric

On what visa status are you going to move to once you resign on L1? Have you also given a thought to medical insurance for you and spouse once you are no longer on L1?

[fredricdavid]

On what visa status are you going to move to once you resign on L1? Have you also given a thought to medical insurance for you and spouse once you are no longer on L1?

Thank you for asking. I am thinking of converting to B1/B2 with I-539 form, in case I am no longer on L1. The method can be also applied to my wife, if she doesn't apply for a B1/B2 now in our home country, but still comes to the US with her valid L2.

According to COBRA act, insurance can be extended up to 18 months, even if the employment relationship is terminated.

Any comment?