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Have applied for I539, L1A visa expired but have an L2 visa from the previous entry

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  • Have applied for I539, L1A visa expired but have an L2 visa from the previous entry

    I came to the US on an L2 visa (expires in 2022), soon after, I got my L-1A. I recently quit and had applied for a change of status back to L2 (USCIS received it on 28th July 2020). I intend to travel to India for a short emergency trip. Given I539 is still pending (biometrics), does someone foresee a risk of travel? I'm asking that since I already have an L2 visa.

    There are 3 options as per my understanding.

    a. If I go ahead with my travel, can the stamping happen at the airport upon my return from India
    b, Should I travel to a neighboring country (say Canada/Mexico), come back using my L2 status, and then travel to India?
    c. Wait for the I539 application to be processed.

    Kindly request guidance. I really appreciate any help you can provide. Thank you!


  • #2
    Originally posted by bytes View Post
    I came to the US on an L2 visa (expires in 2022), soon after, I got my L-1A. I recently quit and had applied for a change of status back to L2 (USCIS received it on 28th July 2020). I intend to travel to India for a short emergency trip. Given I539 is still pending (biometrics), does someone foresee a risk of travel? I'm asking that since I already have an L2 visa.

    There are 3 options as per my understanding.

    a. If I go ahead with my travel, can the stamping happen at the airport upon my return from India
    Yes, Provided your initial L2 is still valid (L1 is still maintaining his/her status).
    Originally posted by bytes View Post
    b, Should I travel to a neighboring country (say Canada/Mexico), come back using my L2 status, and then travel to India?
    Not needed.
    Originally posted by bytes View Post
    c. Wait for the I539 application to be processed.
    Not needed.
    - 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
      Originally posted by Libra_14 View Post
      Yes, Provided your initial L2 is still valid (L1 is still maintaining his/her status).

      Not needed.

      Not needed.
      Yes, my L2 is still valid. And so is my spouse's L1 on which the L2 was taken. Thanks a lot for your response. Appreciate it.

      Comment


      • #4
        I don't think you'll be able to re-enter the US on your L2 because of the L travel ban issued by the President (currently extended until 3/31/21) unless you quality for the covid-related exemptions: https://www.whitehouse.gov/president...irus-outbreak/

        I'm on L2 / pending extension via I-539 and my lawyer told me to sit tight in the US.
        I'm an L2 non-immigrant. My most recent I-539 and I-765 were submitted mid-Oct 2020, Texas SC and approved early August 2021.
        Make sure to sign up for USPS Informed Delivery. USPS sent back my first EAD and it took 5 months to get it re-mailed in 2018-19.

        Comment


        • #5
          Originally posted by Gina1808 View Post
          I don't think you'll be able to re-enter the US on your L2 because of the L travel ban issued by the President (currently extended until 3/31/21) unless you quality for the covid-related exemptions: https://www.whitehouse.gov/president...irus-outbreak/

          I'm on L2 / pending extension via I-539 and my lawyer told me to sit tight in the US.
          The proclamation issued by president was - No more new visas will be issued.

          But people who were having visa at the time of proclamation & were already in USA are eligible.
          - 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


          • #6
            Originally posted by Gina1808 View Post
            I don't think you'll be able to re-enter the US on your L2 because of the L travel ban issued by the President (currently extended until 3/31/21) unless you quality for the covid-related exemptions: https://www.whitehouse.gov/president...irus-outbreak/

            I'm on L2 / pending extension via I-539 and my lawyer told me to sit tight in the US.
            I-539 application is for both change of status (L1 to L2 in my case) and extension. As Libra_14 mentioned, it looks like the order is only for new non-immigrant visa programs.

            "The entry of additional workers through the H-1B, H-2B, J, and L nonimmigrant visa programs, therefore, presents a significant threat to employment opportunities for Americans affected by the extraordinary economic disruptions caused by the COVID-19 outbreak."

            Comment


            • #7
              "Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
              <...>
              (c) an L visa, and any alien accompanying or following to join such alien."
              I'm an L2 non-immigrant. My most recent I-539 and I-765 were submitted mid-Oct 2020, Texas SC and approved early August 2021.
              Make sure to sign up for USPS Informed Delivery. USPS sent back my first EAD and it took 5 months to get it re-mailed in 2018-19.

              Comment


              • #8
                Originally posted by Gina1808 View Post
                "Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
                <...>
                (c) an L visa, and any alien accompanying or following to join such alien."
                Thousands of existing visa holders are already travelling.
                - 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

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