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Can L1A be processed on a later date by the parent co. aft securing L2 thru Spouse?

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  • Can L1A be processed on a later date by the parent co. aft securing L2 thru Spouse?

    Denotation
    My Organization: Company-A
    My Wife's Organization: Company-B


    Preface
    I am working for a Public Sector Organization in India and my organization (Company-A) has posted me to our New York Operations. Company-A has started processing L1A for me and they are prepared to process L2 for my dependents (Wife and 2 Kids).
    My wife works for another Organization (Company-B) and Company-B is also prepared to process L1A for her, but could not process right away because of the COVID Situation.


    Scenario-1
    If I process L2 for my wife through Company-A and when she travels to the US along with me to live, will Company-B be able to process her L1A on a later date?

    Scenario-2
    Can L1A from Company-B and L2 from Company-A be processed simultaneously for my wife?
    In other words, If Company-B could start processing my wife's L1A right away, can I process her L2 through Company-A, parellely?

  • #2
    Originally posted by tbe28982 View Post
    Scenario-1
    If I process L2 for my wife through Company-A and when she travels to the US along with me to live, will Company-B be able to process her L1A on a later date?
    For your wife to get L1A, she will need to prove that she worked outside USA for an year in last 3 years - so if Company-B files for her L1A after 3 yaers her entering into USA, then she won't be eligible.

    Also, if she leave her company-B & then travel to USA along with you, then too she won't be eligible.
    Originally posted by tbe28982 View Post
    Scenario-2
    Can L1A from Company-B and L2 from Company-A be processed simultaneously for my wife?
    In other words, If Company-B could start processing my wife's L1A right away, can I process her L2 through Company-A, parellely?
    Certainly both can be processed in parallel, L2 is just a visa, while for L1A she needs an petition (process etc).

    On the other hand, she can enter USA along with you, apply for her L2-EAD & can work for Company-B without need of her own L1A (but that has its own pros&cons).
    - 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
      There is no “processing” for an L-2 when the spouse is abroad. When your L-1A is approved, you and your family will appear for the interview for visa stamping at the US Consulate and she will get the L-2 visa in her passport.
      Once she’s here, she will be able to apply for a work permit (EAD) and once it’s approved, she will be able to start working. In the meantime, if her company wants her to have her own independent work visa status, they can process an L-1A as a “change of status.”

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