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Can L2 visa for a dependent spouse be stamped if the Primary L1 visa is expired.

San Jose, CA |

L1B Visa and Petition Expiry: Oct 2013 ( Blanket Petition)
I-94 Expiry: Feb 2015
Can my wife go for visa stamping for L2, based on my expired L1B and valid i-94

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Attorney answers 3


Your wife can apply for L-2 visa as long as you maintain your L-1 status but having a current I-94 and maintaining the underlying employment.



So, can my wife do re-stamping in India alone, knowing the fact that my visa already expired on my passport, and I am in staying in US, just based on valid I-94


I agree with my colleague.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


I agree with Christian. As long as the L-1 spouse is maintaining status in the U.S., you can seek L-2 visa.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.