in L2 visa with existing family based perition

[Geneseee]

Hi -- i'm new to this forum and would like to solicit your thoughts on this. I have an existing L visa valid till 2017. We are here in the US with my husband and baby -- both of them has an L2 visa. My husband has an existing family petition from his brother -- filed 10 years ago i believe. Since we are already in the US, is there a possibility to use his petition, expedite it and apply for change of status here? Or we need to wait until that is approved same as the normal process as if we are outside the US. Appreciate the response.

[raghvi]

Hi -- i'm new to this forum and would like to solicit your thoughts on this. I have an existing L visa valid till 2017. We are here in the US with my husband and baby -- both of them has an L2 visa. My husband has an existing family petition from his brother -- filed 10 years ago i believe. Since we are already in the US, is there a possibility to use his petition, expedite it and apply for change of status here? Or we need to wait until that is approved same as the normal process as if we are outside the US. Appreciate the response.

No. him already being in US on L2 does not help in expediting the family based petition you would have to wait the period out or file GC of your own through the company. Check under which category your employment based GC can be filed and determine which will be faster. If he has an employer willing to file a employment based petition for him that also is feasible, it would have to be a thought out decision based on the priority dates for each category.

This is my opinion not legal advice.

[Geneseee]

in L2 visa with existing family based perition

Thank you appreciate the response