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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    Validity of L1 Visa
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RSG
Junior Member
Posted
Hi,

I was working in USA using L1 visa through a company till last month. Then i changed my visa status from L1 to L2 (As my wife's dependent) and i applied for EAD last week which is under process with USCIS.

My current visa status is L2. In my L2 status approval, USCIS has instructed that i have to get the visa from foreign US Consulate if i go out of USA and re-enter USA. Now i got a job with my L1 employer with whom I was working earlier(1 month back) using L1 visa.
Looks like EAD process may take another 2 months. What are the visa possibility to start my work with my L1 employer immediately.

The following are my questions:

1) Since my status is changed to L2, Is my L1 visa still valid? Can i work for my L1 employer?
2) Is it possible to go out of USA and come back to USA with my L1 visa(valid till 2009)?

Your advice is much appreciated! !

Thanks in advance!!!
RSG
 
Posts: 1 | Registered: 04-06-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of speed_025
Posted Hide Post
Hello RSG,

Welcome to ILW.
pushing your thread up
for the senior members
 
Posts: 1475 | Registered: 01-22-2008Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
try to contact Rough Neighbor. He/she knows a lot about working visas.
 
Posts: 1594 | Registered: 03-10-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Picture of Rough Neighbor
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Oh, it's a she, and thanks for the accolade, deserved or not.

Hi Op, did you do your thing with a professional guidance? Because my quandary is why you've changed your status from L-1 to L-2 so abruptly, when both you and your spouse could have been on L-1 concurrently? And why do you have this love-hate-love relationship with your original L-1 employer?

Whether you can work legally back to your original L-1 employer before the L-2 based EAD issuance is not explicitly allowed by law, but what's interesting is that, Section 245(k) of the Act will protect you from an 'unauthorized employment of not more than 180 days' whenever you file your AOS application later down the road.

Your prospect of a foreign travel based on your passport-stamped L-1 visa (though still valid) should be done with extreme caution - it may slide through or it may not. How up to date the CBP's database as to your change of status on US soil (from L-1 to L-2) is everybody's guess. In case it's updated, you'll be denied entry for L-2 visa consular process back to your home country.

(Just an opinion - take it or leave it).






"The letter of the law is a sword that killeth; its intent is a spirit that giveth life." (Justice Holmes on 3 Cor 3:6)
 
Posts: 2454 | Registered: 01-16-2007Reply With QuoteEdit or Delete MessageReport This Post
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