L2 visa for Spouse if I am staying in US on 1-94

[Khalid Neshat Zahedi]

I am staying in the US for the last 4 years, my Visa expired in Nov 2017 but I-94 is valid till Sept 2020.
My wife had to go back to India last October, and now she can't come back to the US since she has no valid L1 Visa ( it expired in OCT 2018, she was here on I-94, which was valid till Oct 2021).

My question is :
- Can my wife apply for a new L2 Visa ( dependent for L1) as I am still in US (Although I don't have a Valid L1 visa and I am staying on my I-94)?

Can someone please help answer my query?

[Libra_14]

Yes, your wife can visit local embassy & get her L2 visa stamped based on your approved petition & I94.

Just ensure she carries all supporting documents to prove that you are living in USA legally & maintaining valid status.

[Khalid Neshat Zahedi]

Libra_14 Thanks for your response.
I confirmed with my company's immigration guy and he says " I need to have a valid L1, then only my wife can get L2, and she cant get dependent visa if I am statying on i-94"

I am confused.
Can you please confirm?

[Libra_14]

Libra_14 Thanks for your response.
I confirmed with my company's immigration guy and he says " I need to have a valid L1, then only my wife can get L2, and she cant get dependent visa if I am statying on i-94"

I am confused.
Can you please confirm?

Understand the difference between "L1 petition/status", "L1 visa" & "I94".

If you have a valid L1 petition in your hand & currently working in USA on that then you have "L1 status" & you can have dependent apply for L2.

L1 visa is merely needed for entry purpose & a single proof that you have "L1 status" - which you can prove by showing approved L1 petition & renewed I94.