Getting L2 for spouse who already has L1 & SSN

[thefunkystuff]

Hi,

My spouse already has an L1 visa from an MNC. I will be flying to US soon & need to sort out a few queries:
1. Will she lose her L1 visa if she applies for an L2 as my dependant
2. She already has an SSN when she traveled to US on L1. Does she have to apply for EAD & SSN (both) if she goes on an L2 & wishes to work?

Help will be much appreciated. Thanks.

[DMX17]

Visa on passport remains valid till it expires. If you asked about applying for COS to L2, she can do that based on your L1. L2 holder can apply for EAD and work on EAD. No need to apply for an SSN again as she already has an SSN.

[thefunkystuff]

Thanks DMX17 for a quick response.

To confirm things:
She will continue to have her L1 even if she avails of the L2, right? She'll have both visas at the same time.

Also, what would be the time required to avail an EAD to work under L2 visa? What is the application process for the same? Is there any link I can use to help myself?

Thanks once again!

[DMX17]

Correct. One can have multiple visas at the same time on passport.

For an EAD, I believe it's form I-765. Check uscis.gov for additional info.

[JyothiReddy]

to gain EAD it will take nearly 3 to 4 months based on the service center you file with.but after 90 days of filing EAD--still you havent receive it..u have the option of going for 'Interim EAD'....get that one..and you can start working with that, and you can get the final EAD after that...google,USCIS sites for more info..

n yes its form I-765 but think USCIS made some changes(not sure whether applicable or not..http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD) as it states for OPT candidates...)

you can apply for EAD thru manual i.e paper based/electronic also..

[DMX17]

I thought the "Interim EAD" was a thing of the past.

[thefunkystuff]

I asked some immigration individuals if the current L1 visa of my spouse will get canceled when she will apply for an L2 visa based on my L1. They say, L1 gets canceled. Is this true? Or, not true or it is at the discretion of the US consulate?

Please advice.

[jinneebhat]

Am not an expert on immigration issues but do feel that there is always a small chance of L1 getting cancelled based on the answers you give during L2 stamping. If coming on L2 is just temporary and you want to get back to L1 later, I would suggest L1 to L2 COS.
Also, I am not too sure if you can work on L2 while being still employed with L1 sponsoring comp. I wonder how could you be in the rolls of 2 companies.

[thefunkystuff]

Can you please confirm if one can work on L2 (with EAD) if

one already has an L1 from company X & has not resigned from company X yet. Suppose, someone taking a leave from company X & joining spouse on L2 (& getting EAD later) - all while on leave of company X & then trying to resign from company X (after having got L2 & EAD) & work with a new company.

Steps would be:
Takes leave from company X (from which has an L1 currently)
Applies for L2
Gets L2 & Goes to US
Applies for EAD
Gets EAD
Resigns company X (from which has an L1 currently)
Joins new company

Is this possible? Awaiting responses.

[txh1b]

The having L1 from company X does not come into picture at all if a person is coming to US as a L2.

Resigning from company that has sponsored has no significance in this issue. If you enter on L2, you are free to work after getting EAD. Resigning/leave from company is immaterial.

[jinneebhat]

Can you please confirm if one can work on L2 (with EAD) if

one already has an L1 from company X & has not resigned from company X yet. Suppose, someone taking a leave from company X & joining spouse on L2 (& getting EAD later) - all while on leave of company X & then trying to resign from company X (after having got L2 & EAD) & work with a new company.

Steps would be:
Takes leave from company X (from which has an L1 currently)
Applies for L2
Gets L2 & Goes to US
Applies for EAD
Gets EAD
Resigns company X (from which has an L1 currently)
Joins new company

Is this possible? Awaiting responses.

I followed the same path successfully. But there are 2 things that you must consider:
1. On resignation, your L1 will get void.
2. If you are thinking of resigning while on leave, it can damage relations with your L1 employer who may ask for a proper notice period. If you plan to return back after getting EAD and resign, its a safer option

[simehta80]

Hi,
I have same situation as you have.

I discussed with my office VISA desk here in USA, regarding the same. He told there is no way anyone can have 2 VISA, on which a person can work.

If you can take time off from your company for some time, than it might be the chance that your L1 still be valid, it depends on the counselor at VISA office, but in that case you cant work. But if you leave job, first L1 need to be canceled before L2 processing. My wife have submitted her passport for L1 VISA cancellation, it takes 3-4 days for cancellation, after that, she will go for L2 stamping