L-2 Visa FAQs

Wednesday, May 24, 2023 - 03:33

Transitioning from H-1B to I-485 GC EAD: maintaining status and re-employment considerations

Question

I have received my GC EAD based on my dependent status and am currently on an H-1B visa. However, the project I am working on will soon come to an end.

Do I still need to maintain my H-1B status, or will I automatically be in GC EAD status if I stop maintaining H-1B?

If I take a break from work while on GC EAD and then resume working after a 3-4 month period, will my immigration status be unaffected?

 

Answer

Video URL

Tuesday, March 22, 2022 - 06:34

Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements

Question

Background: I am currently on L-2 VISA and is going to expire in May. My company is going to file my Canada visa in a month. My spouse's (currently on L1A) employer is going to file her GC soon and she wants to stay with our kids until a decision is made (stay as a visitor or on the basis of GC filing). We decided that I will go to Canada and if the GC processing won't happen or the outcome is negative, she will join me in Canada at a later time.

Now:

I want to apply for the change of status from L-2 visa to visitor visa while I am still in the US, and leave for India while my Canadian visa is in process and travel to Canada directly from India. (I am going to see my parents as it's been years and can't travel to India if I join my company back in Canada anytime soon).

Questions:

1) Is it okay to leave the US while my change of status from L-2 to Visitor visa is in the process?

2) If yes, will USCIS continue to process and intimate me once they approve?

 

Answer

Video URL

Thursday, December 2, 2021 - 02:27

Extension of EAD for H-4 and EAD for L-2

Question

I am on my H-1B and my wife is currently on her H-4. With the new bill does she still need to wait for my I-140 to be approved?

Answer

There is no new bill, just a policy clarification. And, yes, she will have to wait per the law.

Tuesday, September 21, 2021 - 05:30

Visa Stamping for L-2

Question

I am on an L-1 visa, and I am working in the U.S.. My wife is outside the U.S. Her L-2 visa has expired. We want to get an appointment somewhere to get visa stamping together. I cannot travel without an appointment, or else I will be stuck and will not return to the U.S. without visa stamping. The embassy has not opened for more than a year now, and she is stuck, so how can we get appointments? Can this be an emergency appointment case?

 

Answer

We do not have enough information about your case, but generically, it appears that your wife may have the option to go through the dropbox process. Please look into that. Also, emergency appointments are just that: reserved for an emergency. Most consulates are not likely to entertain such a request unless there is a real emergency. Delay alone is not considered to be an emergency.

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…

Thursday, August 16, 2018 - 08:26

Travel Outside The USA When A Case Is Pending

Question

1. I moved from client A to client B in June. My employer filed an amendment for me now. I have my current H-1B till September 2020 when I'm with client A but my visa stamping expired last year. Can I travel while my H-1B amendment is pending?<br>
2. As my visa got expired, I have to get it stamped again. For that, should I have to go for interview again or can I do it by Dropbox?<br>
3. What will be the case if my amendment is still pending. What will be the case If my amendment is approved by then​.

Answer

Watch the Video on this FAQ: Travel outside the USA when a case is pending

Video Transcript

1. Yes, you can travel.

2. I don't know the exact local rules, but you have to go for visa stamping.

3. You should not go until the amendment is actually approved. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Thursday, August 10, 2017 - 04:43

Does H-4 Require a Prior USCIS Approval for Visa Stamping?

Question

My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.

Answer

Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

Video Transcription

You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Friday, May 19, 2017 - 04:17

Is it legal to work for a foreign based company in the USA?

Question

My wife has received her L-2 visa. She plans to continue with her US branch of her India employer once she lands in the US and gets her EAD. However for the period while she is US waiting for her EAD to come in, can she continue to be employed with her employer in India and keep receiving paychecks in India, while technically not working for any US based employer prior to getting her EAD?

Answer

Watch the Video on this FAQ: Is it legal to work for a foreign-based company in the USA?

Video Transcript:

In my view, if your wife has come here on L-2 visa and she wants to continue working I would wait till her EAD because I just don't like to have that grey area. I would not want her to continue getting her paychecks. I have had other colleagues of mine say if the business work for which she is working has nothing to do with the USA, they have no clients in the USA, they are receiving no money from the USA, they are not channeling any money through the USA that it is OK to work for this company in the USA while you are getting paid abroad. I have my doubts so my advice will be not to. More..


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Friday, January 4, 2013 - 06:54

Permanent Employment with L-2 Visa with Valid EAD

Question

I am on an L-2 Visa with an EAD valid until June 2014. I am already a contract employee with an MNC (multinational corporation). Can my company extend an offer of permanent employment to me?

Answer

You do not currently have the visa to work permanently. But, there is NO PROBLEM with you working on a permanent job on temporary basis.

Tuesday, November 22, 2011 - 04:37

Change of status from L-2 to H-4

Question

I was on L-2 visa till present. I got my EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?

Answer

H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.

Friday, November 18, 2011 - 05:53

L-2 visa and EAD processing

Question

I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?

Answer

You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.

Tuesday, November 15, 2011 - 03:04

L-2 visa application for spouse

Question

I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?

Answer

 Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.

Tuesday, July 5, 2011 - 05:13

L-2 Visa without EAD

Question

I have come here with my husband who is on L-1 visa. I have L-2 visa. What work opportunities are there if I have no EAD. Second,I have gone to the office to get SSN. But the lady there told me that I don't require that and they refused to give me.What could be the reason I didn't get that. Can I apply for EAD if I don't have SSN? I'm here in US for 6 months. I want to work as I have done my MBA.

Answer

USCIS has to issue you an EAD (apply using Form I-765) and the SSA has to issue you an SSN. Once you have your EAD, you may work anywhere in USA at any job.

Tuesday, April 12, 2011 - 09:03

Starting business on L-2 visa

Question

I am on L-1 and my wife is L-2 with EAD. Can she do a home based business such as selling things on Ebay etc?

Answer

With an EAD, an L-2 can work anywhere including operating their own business and work as many jobs as they like.

Wednesday, November 24, 2010 - 01:59

Wife work permit

Question

My company is giving me option of taking a L1 visa or H1B. My wife recently completed a 3 year Bachelors degree in Computer application from India. I want to make sure that she can work once we immigrate to US. Can you suggest what approach should we take? 1) Get myself H1 and then she does a MS from US.
2) Get a L1 visa and she can find a job in US with her 3 year degree.

Answer

Personally, I prefer the L-2 option for her. She can work AND go to school. More choices.

Monday, November 1, 2010 - 15:00

L2 Visa holder

Question

I am L2 visa holder and a physiotherapist from India. I also have SSN. Do I need to take the EAD or health care worker certificate to work in USA.Or simply credit evaluation and taking the licence is sufficient.

Answer

You need complete credentialing including a license.

Monday, June 7, 2010 - 07:04

L2 Status

Question

I came to USA as L2 with my spouse, after leaving my job. Now my parent company is asking me to take up their assignment based at USA. and also asking me to confirm the possibility of starting their office at States.
Is these possible? at least working for them is possible. I have my EAD. Can I work and take salary from outside USA firm?

Answer

Once you have the EAD you can work for anyone in USA, including a company that is not in USA.

Friday, January 15, 2010 - 06:30

L-2 as dependent turning 21

Question

I have an L-2 dependent visa as a child and I am currently attending US College. However, I am turning 21 in December of 2010, does that mean I will no longer be eligible for an L-2 visa through my father's company? And do I have to change to F-1 status?

Answer

Correct. Once you are 21, you cannot be on L-2 status.