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  • L2 to GC

    I am currently on a L2 visa and have been for the past five years. My husband and I will be divorcing and I want to know how I stand with my visa. I have been a teacher for four years and am thinking of asking my school if they will petition me for a green card. EB3 I am assuming. I know that this can take a while so I thought about transferring to H1b in the process.
    Could anyone advise me on if this is could work and how I go about it? Thanks

  • #2
    Your employer will have to first file H1 for you. I am not sure if a K-12 school will qualify for cap-exemption as educational institute or not. If not, they will have to wait until Apr 1 to file that and then it can only start on Oct 1. If your divorce is getting finalized before Oct 1, you will need to leave the US (and later come back if H1 has been approved).
    Once the divorce is final, your L2 status ends.
    This is my opinion and not legal advice.

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    • #3
      Thank you.
      My L2 expires in December so that would work. I would file for adjustment of status after the H1 is approved?

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      • #4
        When divorce is finalized your L2 status ends. Visa or I-94 expiry does not matter, your status is dependent on maintaining the relationship with the L1 principal. When the relationship ends, the status ends.
        This is my opinion and not legal advice.

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        • #5
          Thanks. I am aware of the impact the divorce will have. While I am still married, my employer could file for H1 and i apply for adjustment of status?
          Could I apply for a green card eventually?

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          • #6
            Yes, read my first reply. H1 can only be applied on or after Apr 1 and H1 start date will be on or after Oct 1. If your current status (L2 I-94 and relationship) extends up to Sep 30, your employer can apply for H1 with change of status. GC process can be started at any time, but in order to live and work in the US until your date becomes current you will need H1.
            Last edited by kabkaba; 12-27-2012, 04:07 PM.
            This is my opinion and not legal advice.

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