Do I continue with the B2 extension or file for L2 instead?

Asked about 1 year ago - San Jose, CA

Hello! So here is my situation: I am currently on an L1 visa and was granted for H1B and it will become effective in Oct. My same-sex partner entered US with me in Jan on a B-2 cohabiting visa and was granted an initial stay of 6 months. We filed for extension early June and haven't heard back from USCIS until yesterday requesting for evidence of his overseas employment status and purpose of stay even though we submitted those documents when we filed the extension. Now we got married in early July since the removal of DOMA. So my question is do we provide those docs and hoping we can get a B2 extension or do we file a change of status now to get an L2? My L1 becomes invalid in Oct since I will be getting a H1 instead. Would that complicate things? And BTW, his original B2 I94 has expired.

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . Talk to the employer's immigration attorney. If they want you, they should be able to inform you.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . Is only recourse at this point is to respond to the RFE and I hope his extension gets approved. Then, on October 1, have him file for a COS to H-4 Based on his marriage to you and your H-1B status which will start October 1.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Daniel Patrick Hanlon

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . It seems that you should have filed for a COS to L-2 after the marriage, but you should speak to your company's immigration attorney or consult with one yourself.

  4. Theodore John Murphy

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Meet with the company's immigration attorney.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . What does his attorney of record respond to this present list of various issues?

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more

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

Get free answers from experienced attorneys.

 

Ask now

28,029 answers this week

3,038 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

28,029 answers this week

3,038 attorneys answering