L1B visa vacation

Asked about 4 years ago - Minneapolis, MN

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I am on L1B visa and my husband is on L2 visa, we work for the same employer.

My project will be getting over soon. Our employer will be filing L1 for my husband as his project is still on. In that case, I will be filing for L2.

Once my project is over, can I be in the US on unpaid vacation for few days till my husband's L1B comes and then file for L2 as soon as he gets his L1B? For how long one can be on unpaid vacation on L1b visa? Please advise.

Additional information

Thanks a lot for your answer Ms. Martin.

I would like to add that my employment with my employer is not ending, its just that my current assignment is ending. While on vacation, I will be still employed with my employer but will not be paid. So, my question is that, can I be on unpaid vacation on L1B at my employer's wish? If yes, then for how many days? Kindly advise.

Also, after I get my L2, I might continue with my current employer if he has any new assignment for me. Thanks !!

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Attorney answers (1)

  1. Contributor Level 15

    Answered March 03, 2009 10:59. There is no grace period when you can remain in the US after your L-1 employment ends. Strictly speaking, once your L-1 employment ends, you lose your L-1 status and your husband loses his L-2 status and, by extension, his EAD (I assume that he has an EAD if he is working). To avoid any gap, it would be best for the employer to file the change of status (COS) for your husband and you before your L-1 position ends. You are authorized to remain in the US while a COS is pending, so the COS does not have to be approved before you end your L-1 job, it just has to be filed before you are terminated.

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