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L2 status

San Jose, CA |

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.

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Attorney answers 4

Posted

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.

Maria J. Marty

Maria J. Marty

Posted

I think the key is getting a new petition filed with the new job description

Posted

As long as your L1 status is ongoing the L2 will also be ongoing.

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

"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.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Posted

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.

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.

Asker

Posted

Can you elaborate what the "over extended period" is?

Tripti Sharad Sharma

Tripti Sharad Sharma

Posted

L-1 is to work in the U.S. If you stay for short periods and your spouse stays longer than you, her visa is likely to get cancelled as it would appear that she is using the visa to work rather than stay with her L-1 spouse.

Asker

Posted

considering I already stayed in US about 5 months, my wife come to US and stay with me 2 months. And I also plan to come to US 4 months in the following 6 months. What is your opinion?

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