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L1/L2 Visa - L1 on a long vacation and L2 to stay and work

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  • L1/L2 Visa - L1 on a long vacation and L2 to stay and work

    Hi, I am a L1 Visa holder and my current project assignment went on hold. With no quick opportunities, I may have to move back to India. The assignment on hold would take about 1-2 months to be approved for revision in budget before it can revive. Upon approval, I will be travelling back to the US. My spouse on L2 visa is currently working.
    Question:
    If my company sends me back to India (before I can come back in 1-2 months) -
    (1) can my spouse continue to stay in the US?
    (2) can my spouse continue with her current job?
    (3) does my company sending me on a vacation rather than end of assignment help my L2 spouse continue to stay and work?
    (4) is it legal for a US based company to approve vacation for an employee without pay?
    Pls share your guidance for my situation to help me take a decision.

  • #2
    If your L1 visa project is on hold and you return to India, your spouse's L2 status and work authorization in the U.S. will likely become invalid. An unpaid "vacation" might seem like a solution, but it's risky and requires strong proof of maintained L1 status; consult an immigration attorney for guidance.

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