Immigration Issues/L2 to L1


Hi , My wife is having L1B Visa from Company X.As I am also working in same company , I want to bring her in US on L2 visa.When she will apply L2, L1B visa will get cancel. Can she reapply for same L1B visa being in US after that once project is finalized?

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Pragyan,

It seems to me that your wife may request to change back to L-1B status but her case will be looked again anew.  Meaning that you will have to prove her one-year employment with the international organization (abroad) again to show that she is in fact, still eligible despite having switched over to L-2 for a period of time.  There are special rules that apply to L-1s who have an "intervening" status (such as H-1B, L-2, F-2) while they are in the US.  IE she can stay in the US in another status but be able to go back to L-1B later, but only under certain circumstances.

As you can probably guess, this is not a normal L-1B nor L-2 procedure, however, given the fact that L-2s can work (for any employer!) and Company X is experiencing some issues with putting her on the project for which she was requested, it is possibly your best option.  That said,it is still a complicated route to get back to L-1B after switching to another status without working for the employer abroad again.  Most attorneys will probably tell you that you cannot.  However it is not impossible to plan in advance for this.  

Also keep in mind that while it is possible to navigate back to the L-1B, she can only do so if at the that time, the company abroad and the US entity are still in relation with each other.  My suggestion is to find a good immigration attorney who understands and has done this type of L-1 case before.

Good luck and feel free to write back if you have follow up concerns and thanks for your question!

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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