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Need Suggestion on L2 Visa Renewal

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  • Need Suggestion on L2 Visa Renewal

    Hello all,

    Before I started, really wanted to thank everyone in this forum for the suggestions. It's been so helpful for exploring all my visa related queries.

    I am currently an L2 visa holder till Sep 30, 2018, and my husband holds his L1 visa till Oct 2019. When we first applied the L1/L2 visas, his passport was getting expired in Sep 30. Later he renewed his visa after obtaining a new passport, hence there's a gap btw our visa expiry dates. In the meantime, I have an L1B rejection history in May 2018 as my employer's parent company in US (a large conglomerate) tried to sponsor me then, but got rejected by US embassy in my home country. As a result, I have applied for L2 EAD since, which is still pending.

    Questions:
    1) Would you suggest me to renew my L2 visa or leave for US before it expires? Can I renew it alone in my home country while my husband remains in US?
    2) How likely is L2 visa get rejected nowadays given the current US administration immigration policy and my pending EAD application and visa rejection history?

    Many thanks!

  • #2
    Originally posted by seshasesha View Post
    1) Would you suggest me to renew my L2 visa or leave for US before it expires? Can I renew it alone in my home country while my husband remains in US?
    2) How likely is L2 visa get rejected nowadays given the current US administration immigration policy and my pending EAD application and visa rejection history?
    You can continue to live in USA even after expiry of your visa. Your stay is defined by your I94 -What is the date on your I94?

    L1 rejection doesn't have any impact on your L2 visa - since your husband is still holding an valid L1 visa, you too have high chances to get your L2 visa stamped.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

    Comment


    • #3
      Originally posted by Libra_14 View Post
      You can continue to live in USA even after expiry of your visa. Your stay is defined by your I94 -What is the date on your I94?

      L1 rejection doesn't have any impact on your L2 visa - since your husband is still holding an valid L1 visa, you too have high chances to get your L2 visa stamped.
      Thank you.
      Date on I-94 is Oct 2019. There's possibility that I cannot leave for US before Sep 2018 when my L2 visa expires. Can I apply for my L2 visa stamp alone without my husband's presence?

      Comment


      • #4
        Originally posted by seshasesha View Post
        Thank you.
        Date on I-94 is Oct 2019. There's possibility that I cannot leave for US before Sep 2018 when my L2 visa expires. Can I apply for my L2 visa stamp alone without my husband's presence?
        Visa is merely for entry purposes. I94 is what determines your stay duration. Since your I94 does not expire until Oct 2019, you are good to stay until then. You can renew your visa any time before that. Yes, you can go for stamping on your own.
        Just an opinion; Not legal advice.

        Comment


        • #5
          Originally posted by Libra_14 View Post
          You can continue to live in USA even after expiry of your visa. Your stay is defined by your I94 -What is the date on your I94?

          L1 rejection doesn't have any impact on your L2 visa - since your husband is still holding an valid L1 visa, you too have high chances to get your L2 visa stamped.
          Hi,

          I am on L2 visa with a valid EAD. Any help/advice is highly appreciated on the following situation:

          L1/L2/I-94 expiring in Dec-18 : Extension filed on Aug1-18 (not approved yet)

          L2 EAD expiring in end of Sep-18: Renewal filed on May31-18 (status says received) before filing I-539.

          EAD processing time window is 2-5 months on USCIS website. So, if in worst case scenario, the EAD arrives on Oct31-2018, i have to quit employment by Sept end (EAD Expiration)

          I have 3 questions:
          1. Is there a way, to avoid break in employment (considering i filed for renewal 4 months before my expiration date) or expedite the EAD process?
          2. When i do receive the renewed EAD card(even if by Oct), what is the expiration date i should expect. Will it be issued for a std one/two year period or until Dec-18 (current I-94)?
          3. In case, its valid only until Dec-18, can i file another EAD renewal application, right now, and include the receipt of I-539 (even though its not yet approved; expected to be approved in Dec-Feb period), in order to have min. gap of unemployment?

          Comment


          • #6
            Originally posted by aj12 View Post
            Hi,
            I am on L2 visa with a valid EAD. Any help/advice is highly appreciated on the following situation:
            L1/L2/I-94 expiring in Dec-18 : Extension filed on Aug1-18 (not approved yet)
            L2 EAD expiring in end of Sep-18: Renewal filed on May31-18 (status says received) before filing I-539.
            EAD processing time window is 2-5 months on USCIS website. So, if in worst case scenario, the EAD arrives on Oct31-2018, i have to quit employment by Sept end (EAD Expiration)
            Better to open your own new thread.
            Originally posted by aj12 View Post
            1. Is there a way, to avoid break in employment (considering i filed for renewal 4 months before my expiration date) or expedite the EAD process?
            EAD process cannot be expedite.

            Originally posted by aj12 View Post
            2. When i do receive the renewed EAD card(even if by Oct), what is the expiration date i should expect. Will it be issued for a std one/two year period or until Dec-18 (current I-94)?
            Thats tricky, if the extension is approved. EAD will have date matching your petition/visa. If not, then it will have expiry of Dec-18.

            Originally posted by aj12 View Post
            3. In case, its valid only until Dec-18, can i file another EAD renewal application, right now, and include the receipt of I-539 (even though its not yet approved; expected to be approved in Dec-Feb period), in order to have min. gap of unemployment?
            [/QUOTE]
            I doubt, better talk to your attorney, who is helping you with extension.
            - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

            If my opinion helping you, then please do click "like" button below.

            Comment


            • #7
              Thank you for your response!

              Comment


              • #8
                L2 is dependent on L1, if L1 is approved they would not reject L2 visa. If you need your EAD application, just call USCIS or send an enquiry and they will update the EAD application status. Happened with many people i know.

                Originally posted by seshasesha View Post
                Hello all,

                Before I started, really wanted to thank everyone in this forum for the suggestions. It's been so helpful for exploring all my visa related queries.

                I am currently an L2 visa holder till Sep 30, 2018, and my husband holds his L1 visa till Oct 2019. When we first applied the L1/L2 visas, his passport was getting expired in Sep 30. Later he renewed his visa after obtaining a new passport, hence there's a gap btw our visa expiry dates. In the meantime, I have an L1B rejection history in May 2018 as my employer's parent company in US (a large conglomerate) tried to sponsor me then, but got rejected by US embassy in my home country. As a result, I have applied for L2 EAD since, which is still pending.

                Questions:
                1) Would you suggest me to renew my L2 visa or leave for US before it expires? Can I renew it alone in my home country while my husband remains in US?
                2) How likely is L2 visa get rejected nowadays given the current US administration immigration policy and my pending EAD application and visa rejection history?

                Many thanks!

                Comment

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