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Question on L1 to L2 COS and leaglity of stay in USA while COS is in progress

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  • Question on L1 to L2 COS and leaglity of stay in USA while COS is in progress

    Hi,
    My COS - Change of status from L1A to L2 (on husband's L1A visa) has been filed last week. Could you please share some advice on below questions:
    1. How long does it take to get the approved L2 (COS approval)?
    2. while COS is in progress, can I continue to stay in USA?
    3. Do I have to wait for the L2 to be approved to apply for EAD?
    4. How long does the EAD process take?
    5. Is there a premium processing available for EAD?

    appreciate any input, thank you!

  • #2
    1. Could be several months (4-12)

    2. Yes. as long as the I-539 (COS) is pending
    3. Yes
    4. Several months (3-6)....Maybe longer
    5. No
    Opinion only. Cannot be construed as legal advice.

    Comment


    • #3
      Thank you for your input, appreciate it!
      have additional questions:
      1. If i have to travel back to India during the COS processing time, I believe I have to wait until the COS is approved and get L2 stamped and return. is this correct?
      2. Since L2 stamping is halted until Dec is on hold due to new legislation, can I come back on a Visitor Visa?
      3. Will my COS to L2 will still be valid and continue to process?
      4. will i need to do a change status from B2 to L2 later point of time(like travel out and come back on approved L2)?

      Comment


      • #4
        Originally posted by lavanyasrees View Post
        If i have to travel back to India during the COS processing time, I believe I have to wait until the COS is approved and get L2 stamped and return. is this correct?
        If you leave the US while COS is pending, the COS is automatically abandoned, since you have no status to change anymore, as "status" is something that only exists while in the US. Your getting an L2 visa while abroad has nothing to do with your previous COS.

        Originally posted by lavanyasrees View Post
        Since L2 stamping is halted until Dec is on hold due to new legislation, can I come back on a Visitor Visa?
        You can if you are really intending a temporary visit. The officer can deny you entry if they don't think you are here for a temporary visit.

        Originally posted by lavanyasrees View Post
        Will my COS to L2 will still be valid and continue to process?
        No, as mentioned above.

        Originally posted by lavanyasrees View Post
        will i need to do a change status from B2 to L2 later point of time(like travel out and come back on approved L2)?
        Change of Status and leave and re-entering are two different things. You could do a Change of Status in the US, but the officer may not let you in on B2 if your purpose is to do Change of Status to circumvent the entry ban. There is no problem with leaving and re-entering, but you will need to get an L2 visa abroad to enter on L2 status.

        This is my personal opinion and is not to be construed as legal advice.

        Comment

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