Immigration Issues/L1 to L2 conversion


I'm currently working on a L1 visa. My I-94 has expired and I have applied for an extension. My company has received an RFE notice. My spouse is also working and is on an L1 visa. I have a few questions:

1. Can I convert to an L2 while my petition for extension is still pending?
2. Can I apply for L2 and EAD at the same time?
3. Is it a problem to apply for L2 since my I-94 has expired?
4. Will I need to leave the country to make the L2 effective?  

Eileen Chun-Fruto, Los Angeles immigration attorney writes:
Dear D,

1.  Yes.
2.  Unfortunately, no.
3.  Possibly.  the USCIS may want to adjudicate the L-1 extension before granting the L-2.
4.  Instead of asking for an L-2 change of status, you can leave the US and go abroad for the L-2 visa.

Upon entry on the L-2 visa, you can apply for the EAD.  In all, if you are able to travel, not afraid of doing this via consular processing, that may be the faster way to get an EAD.

Good luck,

Eileen Chun-Fruto  

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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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