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Immigration Issues/For L2 visa is NOC/Leave letter required from Current Employer for L2 visa processing

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Question
My wife got a L1-B visa and has traveled to US last month.I work for a US company and hold a B1 visa,they can allow me to work from home in US,but will not be sponsoring my trip,so i plan to go a L2 visa which my spouse company will sponsor. During my stay i will get Indian salary only.

1. If i plan to pursue my  current job,For L2 visa interview do i need to show leave letter/NOC from my current company.Is there any standard format.
2. While entering US will i need letter stating my purpose and duration of stay.

Thanking you in advance

Answer
Hi,

Employment is authorized in L2 visa status only when you also have EAD (employment authorization document). Thus, when you are scheduled for L2 visa stamping at a U.S. Consulate in India, you should be sure to state (if asked) that you realize that L2 status allows employment only with EAD. Even when you receive EAD, you are not required to be employed in L2 status, and thus employment offer is not required in the U.S. and you are also not expected to submit any termination or leave letter from your current employer in India.

The purpose of your entry in the U.S. is to join your spouse, who is currently in L1B status. Employment is only incidental in L2 status, as again you require EAD.

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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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