Can my wife work on L2 I-797 (she has EAD) which I am on vacation out of the USA.

[ramleela]

Hi,
My situation is like this:
I am on L1 I-797 (no stamping) valid till Oct 2014, my wife is on L2-I797 (she has an EAD) . She is currently working for a company.

July 11th , I am planning to travel to India , and will still be on US payroll of my company. I will be working remotely.
I am planning to resign on the 31st of July from the US company, while being in India itself.

Can my wife work legally on L2- I-797 EAD till the 30th of July and leave US on the 30th ?

[raghvi]

Hi,
My situation is like this:
I am on L1 I-797 (no stamping) valid till Oct 2014, my wife is on L2-I797 (she has an EAD) . She is currently working for a company.

July 11th , I am planning to travel to India , and will still be on US payroll of my company. I will be working remotely.
I am planning to resign on the 31st of July from the US company, while being in India itself.

Can my wife work legally on L2- I-797 EAD till the 30th of July and leave US on the 30th ?

USCIS does allow short period of stay for dependents inside US while primary visa holder is outside US but on the expectation that primary visa holder would be back. But as the duration is short I dont think it would be much of an issue one can always say that you got a better career opportunity and she needed time to wrap up here. Dont stretch the duration and do ensure she leaves US ASAP after 30-July-2014.

This is my opinion not legal advice.

[ramleela]

The Fact is I am planning to apply for F1 visa on the 31st of July and come to US as a student in August. Will that hamper my / my wive's case of legal stay in USA in any way ?

Please kindly advise.

[raghvi]

The Fact is I am planning to apply for F1 visa on the 31st of July and come to US as a student in August. Will that hamper my / my wive's case of legal stay in USA in any way ?

Please kindly advise.

What will be you wife's visa status on 31-July-2014? She would not be on valid L2 as you would have possible lost your L1 visa.

In my opinion she should leave with you and return on F2 visa(or any other valid visa) if you get F1 visa.

This is my opinion not legal advice.

[ramleela]

What will be you wife's visa status on 31-July-2014? She would not be on valid L2 as you would have possible lost your L1 visa.

In my opinion she should leave with you and return on F2 visa(or any other valid visa) if you get F1 visa.

This is my opinion not legal advice.

On 30 th of July my wife will leave the USA.

Matter of fact is I can continue to be on L1 status till 1st of August (after my wife departs USA). My only concern is me being in India with a planned vacation to apply for F1 and resign from my US job from India - should not be considered as I am trying to "PARK" my wife in the USA while I am out of the US.

In other words , while I am out of the US , but still on a US payroll - I should be considered under valid L1 status and my F1 visa in future / my wive's legal stay or work in the US should never be questioned.



On a different note:
If I resign from my US job after going for my F1 visa stamping - will that have an impact on my L1 approved I-797 (I will not be stamping my L1) ? That means while the counselor officer approves my F1 visa can he cancel out / void my L1 approved I-797 ?

If my L1 797 will not be revoked, I can go for my F1 stamping before I resign from my company. Maintain my L1 employment status till my wife is in US and resign after she departs. But I am skeptical about this as some people say that the counselor can revoke my L1 (but I dont have L1 stamped visa on I-797).



Raghvi - Sincere acknowledgement for your kind replies.

Regards.

[raghvi]

Status and Visa are two different things. Once you are are out of US technically you do not have any immigrant status. For maintaining a valid status one should be present in US merely having a payroll running is not considered to be in status. But as I said USCIS does provide small amount of flexibility for genuine reasons (school education etc).

As for L1 cancellation, when you attend F1 visa interview most probably your L1 in passport with be marked CWOP (Cancelled Without Prejudice). So you would not be able to re use the L1 to enter US unless you go for L1 stamping again.

This is my opinion not legal advice.

[ramleela]

Status and Visa are two different things. Once you are are out of US technically you do not have any immigrant status. For maintaining a valid status one should be present in US merely having a payroll running is not considered to be in status. But as I said USCIS does provide small amount of flexibility for genuine reasons (school education etc).

As for L1 cancellation, when you attend F1 visa interview most probably your L1 in passport with be marked CWOP (Cancelled Without Prejudice). So you would not be able to re use the L1 to enter US unless you go for L1 stamping again.

This is my opinion not legal advice.

Raghvi - Thank you once again for your kind reply. One last follow up question please.

If I try to do something like this - I travel to India on a vacation. I go for my F1 visa stamping. Can my L1 be revoked / cancelled (CWOP) [ I dont have L1 stamped on my passport , I only have I-797.
After few days I will go for my L1 stamping to come back to US on L1 status - can my stamped F1 visa be cancelled as CWOP now ? [ I do not want this to happen or take any chance if this can happen]

If my F1 is not cancelled as CWOP , I will have both F1 and L1 visas. I will enter US on L1 visa and after few days exit and re-enter on F1 visa after my wife has left her job and departed the USA. I will there after start my education.


Sincere Regards.

[raghvi]

Are you in US on L1 visa and have an extended L1 petition?

I doubt they will let you have both a valid L1 and F1 in passport. Why would you want to come back on L1 when your F1 is valid and your intent is to study?

CWOP is as per the consulates discretion but I dont think they allow two visas whose purpose are widely different to be valid at the same time.

This is my opinion not legal advice.

[ramleela]

Are you in US on L1 visa and have an extended L1 petition?

I doubt they will let you have both a valid L1 and F1 in passport. Why would you want to come back on L1 when your F1 is valid and your intent is to study?

CWOP is as per the consulates discretion but I dont think they allow two visas whose purpose are widely different to be valid at the same time.

This is my opinion not legal advice.

Yes, I am in US on L1 visa and have an extended L1 petition.

I would like to come back on L1 because my wife would still be on L2 in the US and to meet the expectation of the USCIS , as you said - USCIS does allow short period of stay for dependents inside US while primary visa holder is outside US but on the expectation that primary visa holder would be back.

So as to ensure that my wife never illegally stays in the US.

[raghvi]

Yes, I am in US on L1 visa and have an extended L1 petition.

I would like to come back on L1 because my wife would still be on L2 in the US and to meet the expectation of the USCIS , as you said - USCIS does allow short period of stay for dependents inside US while primary visa holder is outside US but on the expectation that primary visa holder would be back.

So as to ensure that my wife never illegally stays in the US.

If you really want to be safe, take her out along with you when you leave and bring her back on F2 visa if you get the F1 visa.

This is my opinion not legal advice.

[ramleela]

If you really want to be safe, take her out along with you when you leave and bring her back on F2 visa if you get the F1 visa.

This is my opinion not legal advice.

Thank you so much - both of us will be leaving US and we will be coming back together.

[ramleela]

Thank you so much - both of us will be leaving US and we will be coming back together.

Hi Raghvi,

Another question that comes to my mind:

After me and my wife depart the US, can I work remotely for two weeks (while being on US payroll of my company) before I resign from my company ? (I have remote working option)

Supporting scenario:
I am on L1 visa extension (I-797) no stamping on my passport for L1 Visa
I will be going for my F1 visa immediately after I reach India