Urgent Help: L1A /L2 Visa Travel restrictions

[sbommaraju]

Hi Gurus,

I am in a unique situation and I need your guidance. I entered USA through Company A on H1B Visa and then after it expired H1B got converted into L1A visa so case with my wife from H4 to L2. All good.

My wife is 7th month pregnant now and cannot travel to other country or to India per the doctor's recommendation. But I have another good promising job offer from a very good company B which is asking me to work from Canada for some time until I get L1A from Company B but my wife cannot travel to Canada and I do not want to lose the opportunity.

My question is, Can my wife stay here until her delivery on Company A's L2 visa while I am working in Canada on Company B visa?

Is there any other solution for this before I lose this opportunity? Help gurus.

Thanks in advance.

[shervin143]

L2 status depends on your valid L1 status. She will loose her L2 status the minute you join Company B in Canada.

[sbommaraju]

Totally agree Shervin. But since she can not travel, is that also treated as illegal from visa perspective. Is there a possibility to convert her visa to tourist and some other visa under we get the baby and then she can move back to Canada.

Do you have any other suggestions?

Thanks in advance.

[shervin143]

You can apply for a COS from L2 to B2 using the form I-539. The COS need to get approved for her to stay in U.S before you leave the Country. Your wife will need to include proof of her financial ability to take care of herself and a separate letter explaining the reason for the COS to B2. However, applying B2 for the purpose of child birth is not a valid reason. So, you may want to consult a lawyer to make sure you submit all the required documents.

[sbommaraju]

Thanks Shervin again. My wife can not travel anywhere due to high risk medical category, can get the medical certificates from the Doctors. If B2 may not accept such cases, is there any other Visa model that would help. I am sure that US immigration system should have some exceptions on the medical backgrounds and neither they will stop one's career progression. I think my case is becoming as complicated as it can be by thinking.

I might need to loose the excellent opportunity.

Any more information or suggestion or recommendation? I would go to lawyer anyway.

[shervin143]

Do update the forum after consulting the lawyer.

[pradeepkumarr78]

Hi

Firstly Congrats .You have 2 reasoons to celebrate now.... baby & better job

Why dont you take a second opinion on your wife's travel options?
I presume you have been consulting just one doc so far.
Go to a couple of other docs to chk if its okay for her to travel.
7th month i dont think should be a problem.
Even if travelling by air is ruled out, you may look at the option of travelling by road to Canada taking periodic breaks.

However if you prefer your baby to be a born US citizen then thats a different situation. You may then have a couple of options

Option 1 - Did you try explaining the situation to your company so they could help you with a 3-4 month vacation without pay which means you will then be legal in the country until she delivers? Meanwhile you may take up your job at Canada too when your wife is in USA?

option 2 - You / your wife might be able to stay back in the country for a short period of time once your visa expires or is nullified. Not sure though. Suggest you chk with your lawyer about this option too

Wish you all the best

Regards
Pradeep

[txh1b]

USCIS is not concerned about your career. Rules will not change at all for the circumstances. Life is full of adjustments and sacrifices. You can work out something with your company if they are willing to wait till the birth of your child.

How can you think of leaving your wife in the US and travel to Canada, work there when you say she has a high risk pregnancy and can't travel? Think about it. Would you want her to be alone in this country during the times when she needs someone by her side? The immigration rules does not allow for it. Family comes first and career can come later on. Get your priorities in life straightened out. Don't get blinded by the rat race for career and enjoy the birth of your child, which cannot wait.

[shervin143]

Very well said.

How can you think of leaving your wife in the US and travel to Canada, work there when you say she has a high risk pregnancy and can't travel? Think about it. Would you want her to be alone in this country during the times when she needs someone by her side? The immigration rules does not allow for it. Family comes first and career can come later on. Get your priorities in life straightened out. Don't get blinded by the rat race for career and enjoy the birth of your child, which cannot wait.