Regarding L1B Extension dependent L2 Extn

[ravijunes]

Hi Experts,

I have a question regarding my L1B Extension.

My I-94 expiry is on May 2012 and Visa Exiry is on March 2012.
My wife who was on L2 is currently in India with our US born kid.

My company applied for my L1B Extension. What is the best approach for me to apply extension for my wife L2 and get them here.

I dont intent to go to India at the current situation.

[raghvi]

Regarding L1B Extension dependent L2 Extn

Assuming your spouse also has a valid stamping of March 2012, if your spouse travels to US before March 2012 (that is before her Visa expiry) then she can go to US and then the I539 can be filed for her L2 extension based on your L1 extension filing receipt. After March 2012, she will have to consulate in India with your L1 Extension Approval notice and get a fresh stamping done and travel on it. This is my personal opinion as general information, for legal advice please contact an immigration attorney.

[shervin143]

An extension of status is not possible for a person who is outside U.S. If she is planning to travel after your L1 petition gets extended, then she can show your extended petition at the POE and get an I-94 matching your extended petition.

If she is planning to enter U.S based on your current L1 petition is that s due for expiry (Before your petition gets extended), then she will get an I-94 only till the current petition expiry date. In such
case, you will need to file her L2 extension (Form I-539) based on your pending L1 extension.

She will need a valid L2 visa stamped in her passport as of the date of her return.