One Year gap for new L1 for a dependent previously on L2EAD

[SenoritaSingh]

Hi

I am here on L1 Visa here which is under the process of exn right now. My husband joined me on L2 Visa and was working in US till our Visa got expired ( first three years duration). We did not file his exn as he can not work till my Visa gets approved and then additional time to get his EAD. So he wanted to his organization to get a fresh L1 done for him.

The organization says it can not be done as he has to be outside US for 1 year before his L1 can be initiated. I wanted to know if this is USCIS policy or not?

Additional info - We both are in same organization and he had been on L2 not L1 so far. And we haven't completed the entire duration of 5 years on L1B so the cool off perios rule should not be applicable either.

Thanks!

[raghvi]

Hi

I am here on L1 Visa here which is under the process of exn right now. My husband joined me on L2 Visa and was working in US till our Visa got expired ( first three years duration). We did not file his exn as he can not work till my Visa gets approved and then additional time to get his EAD. So he wanted to his organization to get a fresh L1 done for him.

The organization says it can not be done as he has to be outside US for 1 year before his L1 can be initiated. I wanted to know if this is USCIS policy or not?

Additional info - We both are in same organization and he had been on L2 not L1 so far. And we haven't completed the entire duration of 5 years on L1B so the cool off perios rule should not be applicable either.

Thanks!

Has your spouse worked for the current employer outside US for a year?

[SenoritaSingh]

Has your spouse worked for the current employer outside US for a year?

No He has worked for the current employer in US for an year.

[raghvi]

No He has worked for the current employer in US for an year.

Then he is not eligible for L1 with current employer. In order for L1 eligibility with current employer your spouse should have worked outside US with a subsidiary of current employer for at least a year.

This is my opinion not legal advice.

[sasvi]

Hi

I am here on L1 Visa here which is under the process of exn right now. My husband joined me on L2 Visa and was working in US till our Visa got expired ( first three years duration). We did not file his exn as he can not work till my Visa gets approved and then additional time to get his EAD. So he wanted to his organization to get a fresh L1 done for him.

The organization says it can not be done as he has to be outside US for 1 year before his L1 can be initiated. I wanted to know if this is USCIS policy or not?

Additional info - We both are in same organization and he had been on L2 not L1 so far. And we haven't completed the entire duration of 5 years on L1B so the cool off perios rule should not be applicable either.

Thanks!

The company is right and you are wrong. In order for your spouse to get L1 there is a requirement to be working outside US for at least one year - this job needs to be in a managerial position or in specialized knowledge (no people in US available with this knowledge). So, the only way is to continue to work with L2 and EAD. Pay attention to the dates - you can renew your L1 quite fast if you do it outside US but the EAD is taking 120 days.

[SenoritaSingh]

Then he is not eligible for L1 with current employer. In order for L1 eligibility with current employer your spouse should have worked outside US with a subsidiary of current employer for at least a year.

This is my opinion not legal advice.

Thanks, this helps.