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Change of status for B2 visitor to L2 who is already in the US?

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  • Change of status for B2 visitor to L2 who is already in the US?

    I work in the US on a L1B. My wife was working on a H1B until recently before she quit. She went to India on a 6 month break. Due to the prevailing covid situation US Consulates were closed in India and she wasn't able to obtain a L2 visa. So she re-entered the US on B2 with an approval to stay for 6 months. Her I94 expires on December 25, so she has to either leave the US & obtain L2 in India or without leaving the US apply for change status to L2. I'd like to know if COS from B2 to L2 is advisable or do I have any other options that doesn't involve traveling back to India? Traveling to India with an infant with the pandemic still raging is not ideal. Any help would be much appreciated.omegle xender

    On a side note, both my wife and I hold Canadian visitor visa and our son is a US citizen.
    Last edited by AlexCarey; 12-10-2021, 10:22 PM.

  • #2
    Hi Member,
    so she has to either leave the US & obtain L2 in India or without leaving the US apply for change status to L2. I'd like to know if COS from B2 to L2 is advisable or do I have any other options that doesn't involve traveling back to India?
    Answer: If you dont have any travel plan and get change of status visa at consulate then better you file the change of status petition with USCIS. You will need to file the petition before current I-94 expires. If so, you can stay in the USA with the help of change of status petition receipt notice until get the petition adjudicated.
    All the best.
    Thanks

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