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Working on L2 when spouse is in India

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  • Working on L2 when spouse is in India

    Hi,
    I am on L2 and have recently got EAD and a job. Now my spouses company wants him to go back to India. He was on L1. Can I work in US his absence?
    Or is it necessary that the principal applicant should be present for the dependant to pursue working?

  • #2
    It depends on why and how long he is out of the US. If he has been reassigned to India, you must return with him. If he is on a short term business meeting - or a vaction, you need not travel with him.

    You need to be more specific with your situation.

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    • #3
      Your L2 status is dependent on the L1 being valid and the employment of the L1 person is continuing after a temporary visit. If the company sends the L1 holder back, the L2 holder cannot decide to stay in US and work.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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      • #4
        I would suggest you to check status of project for L1 holder. If L1 is finshed of the project in usa and asked to leave then you will have to go, if you continue in usa and L1 leaves country then in the long term it could be illegal. but the easy way is L1 holder should try for another project in same company and do that asap, once L1 accepts the project then she can leave usa for some time with papers. L2 can continue working in usa then

        what is the project end date mentioned on I129 ? there is some paper which shows the deadline date of project.

        I remember last we came (L1 + L2 ) in 2008 from vacation, the immigration officer just saw our passports and visa. In our case the L1 holder had finished original project much ahead of time but asked for new project on time before leaving for vacation and got one luckily !

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        • #5
          hi,
          thanks a lot. i got the answer. my husbands short term assignment is over in US office and has to go back to india. so i cant work here.

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