I am L1 holder working in US, validate to 2015/03. My wife and son are living in US with L2 VISA. Due to the company reorganization, my original assignment is finished. I have the flexibility to come and work in US from time to time with short time assignment here (4~6 weeks). I was told that the L1 visa still valid for me by company immigration officer. But how about my wife and son? Can they stay here while I am back to home country?
I was told I am okay to travel with existing L1 visa for the short term assignment in US, actually different assignment in different location.
Your status must be valid for their status to be valid. If you are in valid L status, even if you are abroad coming in to the U.S. for short assignments, your wife and son are in valid L2 status in the U.S. also. Since your job description has changed, its possible your company needs to file an amendment to their original L petition with USCIS or maybe even a new L petition. You need to discuss this with your employer and the immigration attorney that filed the original L petition.
As long as your L1 status is ongoing the L2 will also be ongoing.
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"company immigration officer"??????????????????
Are you really thinking of taking legal advice from a NON-ATTORNEY?????????
I see problems with your wife and child staying in the US while you are NOT in the US for extended periods of time.
The problems become more complicated if she's thinking of using an L-2 EAD and you're considering eventually getting greencards.
When/if you file for greencards you/she will need to document having obeyed all of your visas 100%
Talk to the company's immigration lawyer ..... not a non-attorney in HR ... or whatever department they have.
Although inconvenient .. the safest thing to do is bring your family home with you and back to the US when you come to the US.
OR, your wife and son can return to your homeland, with you coming to the US occasionally, while they stay in the home country ... thus avoiding interruption of your son's education at his home school.
I'm sorry that I couldn't tell you what you were probably hoping for ... that they could stay w/o problems ... but, that's not how I see things.
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L-2 is for follow to join derivatives. If you are not in L-1 over extended periods of time, I do not recommend your family reside in the U.S. on L-2.
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