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L1,L2 Extension question

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  • L1,L2 Extension question

    I have my L1 expired and applied for extension , my spouse has her L1 valid for 30 more days and would be applying for L1 extension seperately.Now if my Visa is rejected would I be able to apply L2 while my spouse visa extension is in process(after L1 expired)

    In other words can i apply for L2, when my spouse is waiting on decision from uscis for her L1 visa extension(L1 expired)?

  • #2
    That depends on your I-94 date. If extension of status is denied after your I-94 expiry, you cannot change status within the US. You will then have to leave the US, apply for an L2 Visa based on your spouse's L1 petition and return in L2 status. If your I-94 has not expired when your extension gets denied, you can file I-539 to change status within the US.
    This is my opinion and not legal advice.

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    • #3
      L2 visa with L1 status on extension, I94 expired

      Would i be able to apply for L2, if my Spouse L1 is already been expired(I 94 date expired) but extension process is going on

      Is it possible to apply for L2 between the time my spuose visa is been processed for extension untill i get the decision, as u know usually it takes 3 to 5 months time to get to know the final decision from uscis after the L1 expiry date.So will it possible for me to apply L2 for this 5 month.

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      • #4
        If your I-94 has expired, you cannot apply for change of status to any other status. You need a valid status to change from.
        If your I-94 has not expired, you can apply for change of status to L2 based on your spouse's employer's pending petition and stay in the US while both those applications get processed.

        If you mean applying for L2 Visa at a consulate/embassy outside the US, you need approved principal (L1) petition. This cannot be done with pending petition.
        This is my opinion and not legal advice.

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