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

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.

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Attorney answers 5

Best Answer
Posted

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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Asker

Posted

Thank you! So what are the chances like for him to get approved for the extension? They are asking for initial purpose for which he was admitted and his intended length of stay, as well as documentary evidence to prove that he has been authorized vacation or leave of absence for the period of time already spent in the United States and requested on the application. And what if he gets denied? Does he have to leave the country and apply for an H4 overseas?

Posted

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) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

Posted

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 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.

Posted

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.

Posted

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

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