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Visa conversion from L1B to L2

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  • Visa conversion from L1B to L2

    Hi,

    My wife and myself are working on L1-B visa's in US. Her US visa and I-94 has expired and the employer has filed for an extension. My L1B visa is still valid for more than 2 years.
    She is thinking of a switch (or a possible MBA) hence need some time off to think about it.

    1. Can she still file I-539 from within US for change of status from L1 to L2 knowing her current visa and I-94 has expired?
    2. If yes, can she file for I-765 at the same time as well?
    3. Does she has to resign before filing for I-539 (and I-765 if possible) or can she quit after her new L2 petition is approved assuming she wants to continue working as long as allowed by immigration laws?

    Please advise.

    Thanks a lot in advance!!!

  • #2
    1. Can she still file I-539 from within US for change of status from L1 to L2 knowing her current visa and I-94 has expired?
    >>> Possible through a bridging petition. Search and read about the posts that discussed about bridging. The L1 extension should get approved in order for the L2 COS to get approved. If she can wait, then it is advisable to wait until the L1 extension gets cleared.

    2. If yes, can she file for I-765 at the same time as well?
    >>> Yes.

    3. Does she has to resign before filing for I-539 (and I-765 if possible) or can she quit after her new L2 petition is approved assuming she wants to continue working as long as allowed by immigration laws?
    >>> She can quit after the L2 gets approved. She can also quit after the COS from L1 to L2 is accepted by USCUIS (after receiving the receipt notice). But since this is a bridging petition, it is advisable to wait until the L1 extension to go through first before quiting.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks a lot Shervin.

      I'll read about the bridging petition. Your reply really helps.

      Regards,
      Manish

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      • #4
        Hi,

        Can you please send me the link where bridge petition have been discussed.

        Thanks in advance.

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