L2 -> Out of Status -> L2

[yevhen]

Hi Experts,
I hope to find the answer to my question here.

I'm holder of L1B visa and my dependents are on L2 (spouse and child).
Since I'm 5th year in US, my company applied for H1B, which gives me one more year of staying in US.
On October 1st I went to home home country for H1B and returned back on October 9th on H1B status.
Now I'm realizing that my dependents are out of status, since they were on L2.

The best option for my dependents would be to leave the US ASAP for visa stamp, but my wife is pregnant at the moment on her 8th month and she
is under care of high risk pregnancy doctor and not advised to avoid any travels. Her doctor provided with the letter, which explains the risk of traveling due to nature of her pregnancy.

Could you advise which option is the best to deal with this situation?

1. File COS to H4 for my dependents ASAP and attach the letter from doctor.
2. I still have valid petition and L1B visa which allows me to travel for next couple of months.
I can go to Canada (I have valid Canadian visa as well) and return back on L1B again and then file COS to H1/H4 for all of us.
In this case, will my dependents save theirs L2 status?


Thanks

[raghvi]

Hi Experts,
I hope to find the answer to my question here.

I'm holder of L1B visa and my dependents are on L2 (spouse and child).
Since I'm 5th year in US, my company applied for H1B, which gives me one more year of staying in US.
On October 1st I went to home home country for H1B and returned back on October 9th on H1B status.
Now I'm realizing that my dependents are out of status, since they were on L2.

The best option for my dependents would be to leave the US ASAP for visa stamp, but my wife is pregnant at the moment on her 8th month and she
is under care of high risk pregnancy doctor and not advised to avoid any travels. Her doctor provided with the letter, which explains the risk of traveling due to nature of her pregnancy.

Could you advise which option is the best to deal with this situation?

1. File COS to H4 for my dependents ASAP and attach the letter from doctor.
2. I still have valid petition and L1B visa which allows me to travel for next couple of months.
I can go to Canada (I have valid Canadian visa as well) and return back on L1B again and then file COS to H1/H4 for all of us.
In this case, will my dependents save theirs L2 status?


Thanks

You should have filed H1 as COS and also a COS for your dependents from L2 to H4.

You travelling out and re entering on L1 would not save your dependents L2 status. Option 1 seems the only option with no travel. But I highly doubt USCIS will approve it, eventually needing you and your spouse and new born to leave and try re entering with valid visas.

This is my opinion not legal advice.

[yevhen]

hi raghvi,

Thanks for your answers.

I've received update from the legals of our company.
Since I'm in the process of GC and my perm is approved, they are going to file COS to H4 for dependents, in addition
they will file I-485 (concurrently with I-140 or after I-140 is approved). Even is the COS to H4 is not approved,
they sure that I-485 will be processed without issues.

Any thoughts?

[raghvi]

hi raghvi,

Thanks for your answers.

I've received update from the legals of our company.
Since I'm in the process of GC and my perm is approved, they are going to file COS to H4 for dependents, in addition
they will file I-485 (concurrently with I-140 or after I-140 is approved). Even is the COS to H4 is not approved,
they sure that I-485 will be processed without issues.

Any thoughts?

Your I485 will have little or no bearing on your dependents beign out of status. I dont think your I485 will have issues, but do realize that with every passing day your dependents are accumulating illegal presence.

This is my opinion not legal advice.