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Any options for L2 visa holder to remove dependency from the primary L1 visa holder, while being able to continue working?

Torrance, CA |

My spouse is on L2 visa (I'm on L1A visa). Her employer filed H1B visa for her on April 1, 2013 through premium processing. There is no information on the receipt of her H1B application yet by USCIS. Per our research, applications for regular processing have started getting notice of receipt, which means chances of her application having been selected in the lottery seem low. Is our assumption fair?

Now since I'm having issues with my employer, I don't want her visa status to be dependent on mine. Are there any quick options (3 - 12 month time window) for her to move out of L2 visa and still be able to continue working with her current employer. What options her employer, a multinational financial services company, may have to make things work. She wouldn't be eligible for an L1 visa.

Attorney Answers 3


  1. No, it is way too much to ask even from people on this blog.


  2. L2 by definition is a derivative visa. You want her not to be dependent on you, she needs to find her own employment and change to one of the primary visas.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. A question like this requires a complete review of a candidate's educational, family and financial situation. You will not get a meaningful response on a forum. Consult with a competent immigration attorney for options, if any.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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