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L-1 visa & I-539 companion

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  • L-1 visa & I-539 companion

    I would appreciate your help with a defense and a case citation, if possible. Also, would a motion to reconsider be the right procedure to the following problem:

    I submitted an L-1 visa package including the I-907, I-129, I-129 Supp, and the I-539 (for the wife and children). USCIS approved the beneficiary last week, but they denied the I-539 form stating:

    "your authorized stay in the US is dependent on beneficiary's status ... your I-539 form was filed too soon. You are eligible for change to L-2 status after beneficiary enters the US with L status."

    I have always filed all the above forms together in the last 9 yrs and never had a denial. Also, both beneficiary and wife are not in the US, which was stated in the I-539, so i do not understand the basis for denial.


    Thanks in advance. Please email me at: dave118152@yahoo.com

  • #2
    I would appreciate your help with a defense and a case citation, if possible. Also, would a motion to reconsider be the right procedure to the following problem:

    I submitted an L-1 visa package including the I-907, I-129, I-129 Supp, and the I-539 (for the wife and children). USCIS approved the beneficiary last week, but they denied the I-539 form stating:

    "your authorized stay in the US is dependent on beneficiary's status ... your I-539 form was filed too soon. You are eligible for change to L-2 status after beneficiary enters the US with L status."

    I have always filed all the above forms together in the last 9 yrs and never had a denial. Also, both beneficiary and wife are not in the US, which was stated in the I-539, so i do not understand the basis for denial.


    Thanks in advance. Please email me at: dave118152@yahoo.com

    Comment


    • #3
      First of all- You don't file an I-539 when the Beneficiary is out of the country.
      Second, it seems you filed the case as a Consular Case, not Change of Status or Extension of Status which means that the L-2 family members must obtain the L-2 visa only after the L-1 beneficiary gets the visa (or get's it together).

      Comment


      • #4
        Hi,
        Thanks for giving us this useful advice,your thread will help me a lot because i am looking for moving abroad next month with my family.

        us visa requirements us visa requirements

        Comment

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