My wife and I, were working on L1B independently, last week my wife is laid off from work and she is out of status now. As per the compensation she is offered a return ticket for parent country travel. This may take few days, so, she is concerned about future visa filing complications it may pose, if it has to take few days before she leaves.
Further, once she reaches her parent country, she is going to file for a dependent visa, i.e L2, with me as primary work visa holder. We would like to know whether this will raise any issues, as she is planing to do this as quickly as possible to come back to USA to live together.
Talk to the company's attorney about your concerns.
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. You are encouraged to seek independent and private counseling for a complete review of your case.
Hi, this is something that you need to talk to an employer attorney. You may try for a private consultation with an Immigration attorney.
Attorney Jae is a history professor and immigration attorney with an EB1/NIW specialty. This answer does not constitute attorney-client relationship and is for information only.
If the I-94 is still valid, she could try to do a change of status right now to L-2. Otherwise, she should leave asap to avoid having days of unlawful presence accumulate.
The answer given here is not complete and based only on the information given in the question. The answer is general in nature as a full consultation would be required in order to give a complete consultation. The answer should not be relied upon as the only possible solution.
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