L2 visa from for Indian citizen .. My wife is a L1A visa holder

[mailajay85]

Hello all,

My wife is a Canadian Citizen with an L1A visa. She got her L1A at port of entry/ border (so without having to submit/petition I-797 and therefore was never issued an I-797 approval). I went for my L2 visa interview and the VO officer said my visa was approved and retained my passport. But now they're saying they're unable to issue the visa unless I submit the principal applicant's I-797 (so my wife's I-797). Given she was never issued an I-797, we sent our approved I-765s / I-797c approval notice but still they are asking for an I-797. According to the legal firm that handles her companies immigration and the internet, there is no way to obtain an I-797 retroactively, so my question is:

• Has anyone else has encountered this issue and if so, how did you end up obtaining the L2 (e.g. what documentation / explanation did you provide?)
• Also, I have my approved H1B approved I-797 from my employer. Would it make sense to write back to consulate and consider my profile based on my approved H1B instead?

Please help!! Any info is appreciated.

Thanks in advance!!

[newacct]

First of all, your wife must have had an approved L1 petition (I-129 approval) in order to be admitted into L1.

But what they really want in order for you to get L2 visa or L2 entry is your wife's L1 I-94. If she did Extension of Stay or Change of Status in the US, the I-94 would be part of an I-797A (I-129 approval), but since she got L1 status at entry, her I-94 is an electronic I-94 from the CBP's I-94 website.

You can apply for an H1b visa instead if you wish.

[mailajay85]

Hi newacct!!! Thanks so much for your suggestion. Since my wife got her L1A at the port of entry, the only approval visa stamp is the one on her passport i.e. L1A. She took the documents to the port-of-entry and the officers stamped her visa. It's a good idea re: the I-94, her immigration firm suggested the same so we sent them that, as well, but they didn't accept it as sufficient documentation and are still requesting the I-797.

1. Is there a document/page in USCIS which I can reference that these are the required documents? Can you point me to if you know? I've not been successful finding any.
2. Regarding H1B -- I want to avoid the situation of my L2 being denied because I want to switch to H1B. Any thoughts/experience in switching visa.
3. I'm planning to emailing them about switching to H1B and sending my approved I-797 if sending my wife's I-94 still does not work.

Please let me know your thoughts/experience on the above. Thanks for your help.

[newacct]

Doesn't she have an L1 petition approval? She should have had to present her L1 petition approval to be admitted into L1 status at the border.

[mailajay85]

No!! Since, she's a Canadian Citizen - the only approval is the stamp on her passport with an expiry date as well.

[newacct]

No!! Since, she's a Canadian Citizen - the only approval is the stamp on her passport with an expiry date as well.

A Canadian citizen is exempt from needing a US visa. Instead, a Canadian citizen would present at the border the same evidence that other nationalities would present at a consulate to get a visa, to be admitted directly into that status. So to be admitted into L1 status, she would have presented the L1 petition.

[mailajay85]

Yes, that's right!! "A Canadian citizen is exempt from needing a US visa. Instead, a Canadian citizen would present at the border the same evidence that other nationalities would present at a consulate to get a visa, to be admitted directly into that status. So to be admitted into L1 status, she would have presented the L1 petition."

is that your own wording or found it on USCIS? If yes, can you please share the link.

I just found this on CBP website - https://help.cbp.gov/s/article/Artic...language=en_US. This clearly states there is not prior petition needed for Canadians. Thanks a lot for your help.

[Mertc]

I think Newacct is unaware of the fact that Canadian citizens are subject to a different rule for L1 admissions. Which allows them to be admitted under L1 status without having to file I-129. They can present their documents at the border and be admitted into the US under L1 status. In this case, they wouldn’t have a I-797 approval notice.

Mailajay85 this sucks. You would think officials would know about this. Did you try presenting her I-94 showing she is holding an L1 status?

[7hillsrao]

Is till dont get it, how come her attorney suggested to got o boarder? generally L1a issued at embassy with all required documentation I-129 etc.. L1A is an international executive and has an intent to go for GC under EB1c right ?

[7hillsrao]

Hi newacct!!! Thanks so much for your suggestion. Since my wife got her L1A at the port of entry, the only approval visa stamp is the one on her passport i.e. L1A. She took the documents to the port-of-entry and the officers stamped her visa. It's a good idea re: the I-94, her immigration firm suggested the same so we sent them that, as well, but they didn't accept it as sufficient documentation and are still requesting the I-797.

1. Is there a document/page in USCIS which I can reference that these are the required documents? Can you point me to if you know? I've not been successful finding any.
2. Regarding H1B -- I want to avoid the situation of my L2 being denied because I want to switch to H1B. Any thoughts/experience in switching visa.
3. I'm planning to emailing them about switching to H1B and sending my approved I-797 if sending my wife's I-94 still does not work.

Please let me know your thoughts/experience on the above. Thanks for your help.

why do you want to switch to H1b? if your wife is on L1A, she has potential chance of getting Gc in a year right ? her employer not filling paperwork for gc?

[kkhhddlj]

Hi mailajay85
Did you hear back from the embassy/consulate? Was it resolved? Which embassy/consulate is it? My wife will be in the same boat. I am a Canadian citizen and will be applying for L1A at the border soon. My wife is in Canada though as a PR.

[7hillsrao]

Better dont apply at boarder, for Canadian citizen doesn't need a i797, if you are a dependent and different citizenship that could be an issues for you.

[newacct]

This new DOS-AIL liaison response, question and answer 9 (on page 5) specifically addresses this issue. It says the consular official can accept the L1's I-94 or entry stamp in cases where the L1 is visa-exempt.