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File an i-539 for an L2 extension or just get a new stamp at the embassy?

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  • File an i-539 for an L2 extension or just get a new stamp at the embassy?

    Hello!

    I'm going crazy trying to get a straight response from my company lawyers so trying here:

    I have an L1-B, expiring in December this year. We will be filing an I-29 (with Premium Processing) to extend my stay 6 months before expiry. I will then make an appointment at the US Embassy in London for my new visa stamp before the expiry of my stay.

    My spouse will also need to extend their L2 visa at the same time.

    My question - can we just ignore filing an I-539 to extend the L2 visa, and just get a new L2 stamp at the same time as the new L1 stamping? Given that you no longer need an EAD for L2 visaholders to work, I don't see any reason to file to extend the L2.

    Bonus question - Can I travel in and out of the United States while before getting my new visa stamp, so long as my current visa stamp is still valid and my legal stay hasn't expired?


  • #2
    yes

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

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    • #3
      Originally posted by KSC90 View Post
      I have an L1-B, expiring in December this year. We will be filing an I-29 (with Premium Processing) to extend my stay 6 months before expiry. I will then make an appointment at the US Embassy in London for my new visa stamp before the expiry of my stay.
      If you are in USA & not planning to go outside USA then you do not need to get new visa stamped. You can continue to stay in USA with your new I129 pending status or I129 approval notice.
      Originally posted by KSC90 View Post
      My spouse will also need to extend their L2 visa at the same time.
      If your spouse want to continue to stay in USA after I94 expiry, an extension application is needed. Again no need for visa, if not planning to go outside USA.
      Originally posted by KSC90 View Post
      My question - can we just ignore filing an I-539 to extend the L2 visa, and just get a new L2 stamp at the same time as the new L1 stamping? Given that you no longer need an EAD for L2 visaholders to work, I don't see any reason to file to extend the L2.
      Yes, you can ignore I-539, leave USA before expiry, get new visa based on primary applicant's L1 extension & return back to USA. No need of extension in that case.
      Originally posted by KSC90 View Post
      Bonus question - Can I travel in and out of the United States while before getting my new visa stamp, so long as my current visa stamp is still valid and my legal stay hasn't expired?
      Certainly. You can do that till last day as long as you have your visa & petition both valid.
      - 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.

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      • #4
        Cheers! I return back to the UK quite often so I always need to make sure my visa is valid, so I always need to make sure I have a stamp that's valid to enter the country.

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