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L1 to L2 Visa Status Change

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  • L1 to L2 Visa Status Change

    Dear experts, Need your help on this question -

    I am currently working in the US on a L1 visa and my spouse who is currently on my L2 dependent visa is in the process of getting a L1B visa by Dec 2022. Once my spouse has the L1B visa, can I get a change of status to the L2 dependent with work authorization (on my spouse's L1B visa) so that I am not restricted to work for my current L1 sponsoring employer?

    If this is possible, then
    - What is the process to make this change of status from L1 to L2?
    - Can I apply for the L2 while keeping my L1 status active till the L2 is approved & stamped? If L2 is granted, will my L1 be automatically unvalid/cancelled or can I keep both status?
    - Can I get this done while being in the US or do I have to travel to my home country for the L2 visa stamping or some other part of the process?

  • #2
    Yes. To go into L2 status you can either 1) after your spouse changes to L1 status, you leave the US, get an L2 visa (what you call "visa stamp") with proof of your spouse's L1 status, and re-enter the US with that visa, or 2) file I-539 for Change of Status to L2 status. This can be filed in parallel with your spouse's I-129 for L1. Change of Status takes many months. When it is approved, you will be in L2 status and no longer be in L1 status (you only have one status at a time).

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

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    • #3
      Thanks newacct.

      For option 1 - can you do this in any country outside US (eg. Canada or Mexico) or do I have to get the L2 visa stamped from the home country only?

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      • #4
        it can be any country, but I am not sure about visa appointment availability

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

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