Can I have both L1B and L2 at the same time?

[SPT]

Hi,

I have valid L1B visa from my current company. Where my husband's company is filing my L2 dependent on my husband's visa. My questions are
1) Can I have both valid visa L1B and L2 at the same time?
2) When i will go for L2 visa stamping, will they cancel my L1B? Or if i will say that L1B is from different company and request them not to cancel, still they will cancel it?

Please let me know if one passport can have two valid visa at the same time or one will get cancled while stamping other visa.

Please advise me.

Regards,
SPT

[sk4ih]

Most probably they will not cancel.
But it depends on Visa officer.

[kabkaba]

You can have any number of visas in your passport but while entering the US you can only use one.
If any visa is canceled, the petition underlying it is not canceled and visa can be obtained again using the same petition.

[SPT]

Can I have both L1B and L2 at the same time?

I am currently holding L1B VISA and working in US & staying with my hubby & a kid. He is on L1B from his company.
However I want to apply for an L2 VISA from my husband's company (dependent on his visa) & still want to continue my current job.
I have few doubts can someone answer these please ?

1. If I am to get my L2B, then will they cancel my L1B?
2. Can I hold both VISA’s at the same time?


Thanks in advance for all the help.
Any and all inputs are appreciated.

[kabkaba]

Are you planning to apply for change of status within the US or are you leaving the US and applying for L2 Visa?

[SPT]

Are you planning to apply for change of status within the US or are you leaving the US and applying for L2 Visa?

I am already in US and want to apply for L2 from US only. I do not have any plans to go back to India.

[kabkaba]

That process is called change of status. Visa is something different.

You can apply for COS using I-539. Once change of status to L2 is approved you will receive a new L2 I-94 and your L1 status will end. The underlying L1 petition and the L1 Visa in your passport will not get canceled and will not become void.
Once your L2 status is effective, your work authorization based on L1 petition ends. In L2 status you need EAD to work. It is possible to file both I-539 to change status and I-765 for EAD together, however if both are not approved together, you will have to stop working when L2 status begins.

After change of status, whenever you leave the US, if you want to return in L2 status, you will need to apply for L2 Visa at a US Consulate.

[SPT]

That process is called change of status. Visa is something different.

You can apply for COS using I-539. Once change of status to L2 is approved you will receive a new L2 I-94 and your L1 status will end. The underlying L1 petition and the L1 Visa in your passport will not get canceled and will not become void.
Once your L2 status is effective, your work authorization based on L1 petition ends. In L2 status you need EAD to work. It is possible to file both I-539 to change status and I-765 for EAD together, however if both are not approved together, you will have to stop working when L2 status begins.

After change of status, whenever you leave the US, if you want to return in L2 status, you will need to apply for L2 Visa at a US Consulate.

Thanks for the info. Once my status changes to L2 from L1, can i still work in my current company or do i need to leave it?

[raghvi]

Thanks for the info. Once my status changes to L2 from L1, can i still work in my current company or do i need to leave it?

Only if your COS to L2 as well as EAD is approved together. And ofcourse if current employer is willing to continue with you on L2 EAD.

This is my opinion not legal advice.

[kabkaba]

Thanks for the info. Once my status changes to L2 from L1, can i still work in my current company or do i need to leave it?

Read again.