Immigration Issues/L1 to L2 and I-485

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Question
Hi,

I am in US on L1B and my husband is in US on L1A (valid till Feb 2013). We both work for same employer. We applied for Green card in EB1 category based on my husband's L1A and our I140 is approved. But we did not file for I485 yet as our company is merging with another company and the merger might take 6 months to complete.

1) Can I change my status to my husband's L2 (from L1B) without informing our employer and without going back to my home country?
2) Is there any risk of USCIS not approving my change of status from L1B to L2?
3) If at all USCIS do not approve my change of status to L2, is my status still valid as L1B so that i dont need to go back to my home country?
4) Does filing for change of status from L1B to L2 for me create any problem when we file for I485 in future?

Your answers will help me greatly in making some decisions.

Thanks

Answer
Hi,

You can change status to L2 based on your husband's L1A status. This is an application that you sign--your employer's signature or consent is not required.

L2 should be approved. You will be granted change of status, and thus will not be required to depart the U.S.

If L2 status is not granted, you will continue to maintain the underlying L1B status automatically.

There will be no problem with I-485 filing. Incidentally, you can apply for EAD (employment authorization document) with the USCIS after L2 status has been granted to allow you the option of working if you choose to do so.

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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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