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Can L2 travel out/in of US if L1 is approved and L2 extn pending?

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  • Can L2 travel out/in of US if L1 is approved and L2 extn pending?

    Hi All,
    L1A : Extended till Nov 2022
    Spouse L2 : I94 Expiry 11/10/2020...Extn is in progress
    L1,L2 Visa is valid til Oct 2021.
    Can L2 person (spouse) travel to India due to family emergency and be re admitted to USA?
    L1A and another L2(daughter ) will not be travelling out of USA
    Will there be an issue when my spouse flies back to join us in USA?
    If the answer is no and he gets a new I94, what will happen to his L2 Extn we applied? Is that needed to renew his EAD? or the new I94 they give on entry is enough.

  • #2
    Yes, since he has a valid L2 visa, he should be admitted until the expiration of the L1's L1 petition (which is Nov 2022). He should bring a copy of the L1 petition with him when he enters. The L2 EOS will be automatically abandoned as one only has status when inside the US, so if he leaves, there is no status to extend anymore. (Not that it matters anyway, since he will be entering on the basis of his visa the next time; it doesn't have anything to do with his status on his previous stay.)

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you.How does L2 application become abandoned? Should we write to USCIS? Will they abandon L2 EAD application also?
      It was filed concurrently

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      • #4
        If I am reading the original post right, the initial I94 expires on 11/10 so any travel outside requires a new visa that needs to be applied at a consulate.

        You don’t need to do anything for the I539 (L2 extension) as USCIS automatically cancels it

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        • #5
          Originally posted by suhisid View Post
          If I am reading the original post right, the initial I94 expires on 11/10 so any travel outside requires a new visa that needs to be applied at a consulate.

          You don’t need to do anything for the I539 (L2 extension) as USCIS automatically cancels it

          Visa is valid till Oct 2021 .During inital stamping, they gave Visa for 5 years instead of 3.

          Originally posted by suhisid View Post
          You don’t need to do anything for the I539 (L2 extension) as USCIS automatically cancels it
          What will happen to the EAD application?

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          • #6
            Yes, obviously, if you have an L2 visa, you should definitely be readmitted to the USA, of course, if the visa is still valid. I'm not a master, and I don't know so well the rules of this American visa. It would be best to ask someone skilled in this field, but recently a friend of mine left for Europe by train found routes on https://www.dbfahrplan.com/de/, and when he came back to the US, everything was fine. So if everything were fine with him, it would definitely be the same for you.
            Last edited by ruthdav; 12-23-2021, 07:07 PM.

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