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

Asked almost 2 years ago - Elizabeth, NJ

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. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . 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; email:; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . 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... more
  3. J. Thomas Smith Ph.D.


    Contributor Level 20


    Lawyer agrees

    Answered . 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.... more

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

Family based green card

Citizens and permanent residents may sponsor their relatives for permanent residence in the United States.

Danielle Nelisse

Green Card Marriage Interview

The immigration interview husbands and wives are required to attend in order to get the foreign spouse their green card (lawful permanent residence) through marriage can be very anxiety... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

34,157 answers this week

3,672 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

34,157 answers this week

3,672 attorneys answering