L1 has to go back though has validity until next year, can L2 work

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I am in a confusing situation. Described below:

My husband (primary L1 visa holder) has to go back to India since his assignment is getting over this November. But he has valid L1 visa until nect year and I-94 valid 2016 December. I am having my EAD valid until 2016 august and visa 2017 December. I-94 is valid until 2016 December.

L1 is not going be withdrawn by his company. In this scenario can I continue working in USA till my EAD is valid? My employer said YES provided his L1 is not withdrawn.

L1 Visa details:

L1 visa valid: till 2016 August

I-94 valid : 2016 December

L2 Visa Details:

L2 Visa valid: till 2017

I-94 valid: 2016 December

EAD valid : 2016 August

In this scenario can I stay back and work till my EAD is valid? He has to go back now, if in case they find any project in USA quickly they can send him back but nothing confirmed yet.

Please reply me soon. Appreciate your response.

[raghvi]

I am in a confusing situation. Described below:

My husband (primary L1 visa holder) has to go back to India since his assignment is getting over this November. But he has valid L1 visa until nect year and I-94 valid 2016 December. I am having my EAD valid until 2016 august and visa 2017 December. I-94 is valid until 2016 December.

L1 is not going be withdrawn by his company. In this scenario can I continue working in USA till my EAD is valid? My employer said YES provided his L1 is not withdrawn.

L1 Visa details:

L1 visa valid: till 2016 August

I-94 valid : 2016 December

L2 Visa Details:

L2 Visa valid: till 2017

I-94 valid: 2016 December

EAD valid : 2016 August

In this scenario can I stay back and work till my EAD is valid? He has to go back now, if in case they find any project in USA quickly they can send him back but nothing confirmed yet.

Please reply me soon. Appreciate your response.

No you cannot. Your L2 is dependent on your spouse maintaining L1 status. If he is not going to be here and doesn't have a plan to return on L1 soon then you cannot stay too.

This is my opinion not legal advice.

[[email protected]]

No you cannot. Your L2 is dependent on your spouse maintaining L1 status. If he is not going to be here and doesn't have a plan to return on L1 soon then you cannot stay too.

This is my opinion not legal advice.

I dont know why my employer is saying (after talking to their attorney) that I can continue till my EAD expiring date provided L1 visa is not withdrawn or cancelled.

How about that?

[raghvi]

I dont know why my employer is saying (after talking to their attorney) that I can continue till my EAD expiring date provided L1 visa is not withdrawn or cancelled.

How about that?

The status of an L-2 dependent of an L-1 nonimmigrant is subject to the same period of admission and limitations as the principal alien. Once your spouse is no longer maintaining valid L1 status then you too are no longer in valid L2 status and your EAD has no significance. I do not know why your employer or attorney is suggesting otherwise.

What they seem to be saying is that all L2 visa holders, whose primary L1 is not in US and whose L1 is not withdrawn or cancelled, can go to US and work. How logical does it seem?

This is my opinion not legal advice.

[raghvi]

Maybe these wordings by USCIS would help clear their understanding.


USCIS may limit, deny or revoke on notice any stay for an L-2 dependent that is not primarily intended for the purpose of being with the principal worker in the United States, and a spouse or child may be
required to show that his requested stay is not intended to evade the normal requirements of the non immigrant classification that otherwise would apply when the principal alien is absent from the United States. USCIS (as well as port inspectors and consular officers) may adjudicate applications for dependent stays in order to prevent an L-1 alien from using only occasional work visits to the United States in order to “park” the family members in the United States for extended periods while the principal alien is normally absent.

This is my opinion not legal advice.

[[email protected]]

Maybe these wordings by USCIS would help clear their understanding.


USCIS may limit, deny or revoke on notice any stay for an L-2 dependent that is not primarily intended for the purpose of being with the principal worker in the United States, and a spouse or child may be
required to show that his requested stay is not intended to evade the normal requirements of the non immigrant classification that otherwise would apply when the principal alien is absent from the United States. USCIS (as well as port inspectors and consular officers) may adjudicate applications for dependent stays in order to prevent an L-1 alien from using only occasional work visits to the United States in order to “park” the family members in the United States for extended periods while the principal alien is normally absent.

This is my opinion not legal advice.

Thank you so much for time and reply. One more important question is does L1 status go out of status once his US assignment gets over even though the visa is valid way ahead?

[raghvi]

Thank you so much for time and reply. One more important question is does L1 status go out of status once his US assignment gets over even though the visa is valid way ahead?

Its not actually "status" but rather Non-Immigrant Status.

In order to remain in valid H1 or L1 Status one should be in US and get paid in US by the employer who sponsored the L1/H1 petition. If not one goes out of status.

When one is outside US one technically does not have any Status.

This is my opinion not legal advice.

[[email protected]]

Its not actually "status" but rather Non-Immigrant Status.

In order to remain in valid H1 or L1 Status one should be in US and get paid in US by the employer who sponsored the L1/H1 petition. If not one goes out of status.

When one is outside US one technically does not have any Status.

This is my opinion not legal advice.

Thanks for your reply.
Why I am trying to ask hell lot of questions is because I am in a very critical situation.
My company is ready and willing to sponsor my H1 but suddenly my husband's assignment got over and he has to leave. I have not even completed 1 year in my present company and have to pay back some amount if I quit before 1 yr. My project is also in a critical phase. I probably need to stay back just extra 4-5 months after my husband departs from USA.

Will that be too tough to do?

[raghvi]

Thanks for your reply.
Why I am trying to ask hell lot of questions is because I am in a very critical situation.
My company is ready and willing to sponsor my H1 but suddenly my husband's assignment got over and he has to leave. I have not even completed 1 year in my present company and have to pay back some amount if I quit before 1 yr. My project is also in a critical phase. I probably need to stay back just extra 4-5 months after my husband departs from USA.

Will that be too tough to do?

Its not that you are quitting, its US immigration laws that require you to leave. If employer has a problem with that they can take it up with USCIS. I dont think the employer has any basis to seek damages from you when you have to leave US along with your spouse. I dont think you can work on L2-EAD for such a long duration without L1 being present and working in US. Your employer should have known this risk and planned around it. If required talk to an independent experienced attorney.

This is my opinion not legal advice.