L2 eligibality with valid L1

[shan_123]

Hi,

I have a L1 visa valid till 2013(also travelled to US on 2010)....but would like to apply for L2 now (my spouse will get L1 thro her company)..

Am i eligable for L2 since i already have valid L1?
can we both apply for H1-B once we go there as L1/L2 ?
how easy it is to convert L1 to H1 and L2 to H1? is there any minimum duration to apply for it?

Is there any other disadvantages or things to consider if i go as L2 when compared to travelling in H1B?

Please clarify.

Shan

[kabkaba]

Hi,

I have a L1 visa valid till 2013(also travelled to US on 2010)....but would like to apply for L2 now (my spouse will get L1 thro her company)..

Am i eligable for L2 since i already have valid L1?
Yes, the L1 visa in your passport may be canceled (but the underlying petition will not be canceled)
can we both apply for H1-B once we go there as L1/L2 ?
Your employers can file H1 anytime irrespective of your status or location.
how easy it is to convert L1 to H1 and L2 to H1? is there any minimum duration to apply for it?
Your employers must file while the H1 cap remains open. It is neither easier nor more difficult, it all depends on your personal circumstances.

Is there any other disadvantages or things to consider if i go as L2 when compared to travelling in H1B?
In L2 status, you cannot work until you get your EAD. But in H1 status you must work as soon as you travel in H1 status or change to H1 status.
Please clarify.

Shan

See above.

[shan_123]

Hi,

Thanks for your reply..

can u clarify what does it mean "underlying petition will not be cancelled"?

shan

[kabkaba]

That means you can apply for the L1 visa again and on approval travel to the US using the same petition.

[shan_123]

thanks a lot for your reply.

As you said,if i apply for L2 my existing L1 gets cancelled..in that case do i need to notify my current employer before applying L2..?

shan

[kabkaba]

It may get canceled. You do not need to notify from immigration point of view, but if your employer has a policy that they require it that is up to them.