Apply L1B having L2 visa

[ShwetaRaul]

Hi everyone,

This is Shweta. I am working woman in india and now on L2 visa ( on leave without pay) with my husband havingL1B visa. My india based company has offereed me job here in US. So can I go and apply for L1B in India for this position?

Will my L2 visa get void if my L1B gets rejected?

Thanks,
Shweta

[shervin143]

Yes, you can apply L1B. Sometimes the VO might cancel the L2 when you apply for L1. In such case, if L2 is cancelled and L1B is rejected, then you will have to file L2 again. On the other hand, if your L1B is rejected but your L2 remains valid (without a CWOP stamp in the visa), then you can use that visa to travel back in L2 status.

Since you are in L2, you can also file EAD and start working for the employer in U.S once the EAD gets approved. You need not even get the L1B stamped.