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Are there any potential issues while filing L2 Visa with EAD (back-up plan) and O1 visa from a J1 visa?

Elizabeth, NJ |

Assumptions:
J1 2 year waiver already approved.
L2 is to be used as a backup unless timely employment cannot be obtained within the next 8 weeks, J1 expires in 12 weeks.
O1 - Ideal route assuming job offer and the applicant qualifies. COS from J1 to O1.

I would be grateful if the community can provide an insight if to whether the individual would run into any issues with having an L2 visa pending then being offered a roll where the company sort an O1 visa. It is fine to no longer pursue the L2 and EAD in favor of the O1?

Attorney Answers 3


  1. Having multiple changes going on at the same time inevitably leads to complications and frequently leads in being in the wrong status for what one wants to accomplish.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. A nonimmigrant can hold multiple visa stamps in his or her passport and use those in accordance with the purpose of a particular trip. A nonimmigrant can only be in one status at the time.

    A nonimmigrant cannot change status unless the status from which the change is sought is valid on the day when the change of status application is filed.

    The last action rule applies unless additional H1B employment is claimed instead of change of status. This is why it is always dangerous to file multiple petitions at the same time.

    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. I agree with my colleagues.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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