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Immigration Issues/can I change from B1 visa to L2 visa in usa

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Question
Hi
 I came from india recently on B1 visa.My wife came on L1 visa recently.I want to change to L2 visa now.Do i need to go back to india for stamping or can i change here to L2.I read in some website that i have to wait for 90 days to change to L2 in usa.Is that true.Kindly help me in this issue.

Answer
Naveen,
The whole issue with your question is intent.  If the USCIS believes that you came to the US to merely circumvent the immigration process as entering the US with a B visa is easier than entering on an L2, then they could deny your L2 application and this could negatively impact your future attempts to enter the US.  There is no hard rule of waiting 90 days to file but that has generally been believed the proper waiting time.  NOTE:  If you entered on a B with the intent of then converting to L2 in the US and the USCIS can prove it, the 90 day period will not help.  Thus, you may need to be prepared to show some convincing evidence that you entered on the B with only the intent to visit and not convert to L2.
Good Luck
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

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Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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