Immigration Issues/H-1B and L-2

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Question
 Hi Ajay,
  currently i have an H1-B visa stamped last month.My wife has gone to U.S last month on L-1.she has gone for 2 years.We work for the same employer.i don't see my employer sending me to U.S.Currently if i apply for L-2 what are the chances of getting L-2. will the officer can cancel my H-1 stamping.Also if i go to U.S in L-2 ,how much time it will take for EAD.what are the chances of getting job.Also any transfer of H1-B is possible...What are the options available for me.

Answer
Hi Arun,

You will be issued the L-2 visa without a problem, but the Consulate will probably cancel the H-1B visa in the process.

Since you are unable to enter the U.S. on your existing H-1B visa (unless you enter with the plan of immediately starting employment for the H-1B employer), you should apply for L-2 visa.

Upon entry to the U.S. in L-2 visa status, an EAD application should be filed with the USCIS, which will take about 2 or 3 months for approval.

You can change from L-2 to H-1B status within the U.S. in the future if you wish to do so.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

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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