Child's L2 Visa

[james2311]

Hi,

Both me and my wife are on L1 visa. And my 1yr old child is dependent on my wife's L1 visa. My wife is planning to leave her job and change her status from L1 to L2.

Could you please answer 2 of my questions --

1) When my wife applies for COS from L1 to L2, is it required that she keeps working until the L2 is approved.

2) What would I need to do to change my child's L2 dependency from ym wife to me?

Thanks in advance for your reply.

[kabkaba]

Hi,

Both me and my wife are on L1 visa. And my 1yr old child is dependent on my wife's L1 visa. My wife is planning to leave her job and change her status from L1 to L2.

Could you please answer 2 of my questions --

1) When my wife applies for COS from L1 to L2, is it required that she keeps working until the L2 is approved.
She needs to keep working until USCIS receives her I-539
2) What would I need to do to change my child's L2 dependency from ym wife to me?
Your child will also have to be included in the I-539.

Thanks in advance for your reply.

see above

[usvisaexp]

I am having same situation for my Child's Visa and his COS. I got mixed response from various lawyers.
They say that, since your child is already on L2 and even if it was his mom earlier who was her Primary visa holder, my child can continue on his current L2 as i (father) has valid L1. There is no need to apply for his COS only because his mom's name appears in his VISA.

Please let me know what you did in your case and your experience?

[raghvi]

L2 is dependent on primary L1, if primary changes status, so should dependent. So I believe you need to include your kid also in the I539?

This is my opinion not legal advice.

[usvisaexp]

I got below response when i asked the law firm my company has hired:


"No action is needed on your child's L-2 visa, there is no change of status, he already holds L-2 status. There is no extension because his visa is still valid for a significant period of time. You are in L-1 status, he is your child therefore he is eligible for the status by virtue of the aforementioned despite the fact that his mother's name appears on the visa stamp. If you are concerned regarding the name simply ensure your child travel with evidence of your L-1 status and proof of familial relationship."

Is this correct? Please help!