Immigration Issues/L2 to L1b for Spouse

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Question
Hi .....I currently have an L1 Visa and am planning for an L2 Visa stamping for my husband. We both work for the same company in India X. Is it possible that my husband travel to US on L2 visa as my dependent and then from there apply for a change of status from L2 to L1 from our same Company X.Is it difficult to get the status changed from L2 to L1-B if my company is ready to sponsor his L1.  or is it advisable that my husband stays and waits in India gets his L1 Processed and then travel to US. Actually we want to travel together and therefore would prefer to travel on L2 and then process L1 from there.Thanks you for your help

Answer
Hi,

There is no problem if you husband travels to the U.S. on L2 visa stamp and then his U.S. employer files an L1 petition for him. I do recommend that the company wait for at least 2 months after entry to overcome possible fraudulent entry issue which can arise if a change of status application is filed immediately after entry to the U.S.

If successfully filed, the USCIS not only approve the L1 petition but will also grant change of status from L2 to L1. Incidentally, L2 status is eligible for EAD (employment authorization document) so your husband may not be interested in L1 status at all...

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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