Change of status for B2 visitor to L2 who is already in the US

[dineshkrishnan]

I work in the US on a L1B. My wife was working on a H1B until recently before she quit. She went to India on a 6 month break. Due to the prevailing covid situation US Consulates were closed in India and she wasn't able to obtain a L2 visa. So she re-entered the US on B2 with an approval to stay for 6 months. Her I94 expires on December 25, so she has to either leave the US & obtain L2 in India or without leaving the US apply for change status to L2. I'd like to know if COS from B2 to L2 is advisable or do I have any other options that doesn't involve traveling back to India? Traveling to India with an infant with the pandemic still raging is not ideal. Any help would be much appreciated.

On a side note, both my wife and I hold Canadian visitor visa and our son is a US citizen.

[rkk09]

Hi,
Due to current situation, It is very hard to get visa appointment for L2 visa. Since she is in the USA and she has currently I-94 validity, you can file change of status petition for now. As you know, change of status petition will take long time to get adjudication. But, with the help of receipt notice she can stay in the USA until get the status on the petition.
Once you get visa slot in future, you can go for stamping, get visa stamped on L2 then come back to the country and withdraw change of status petition.
Thanks

[batwayne]

I applied for an L1 visa while in the US, pay extra for premium processing. Talk to an immigration lawyer.

[ankz0001]

Hi,
Due to current situation, It is very hard to get visa appointment for L2 visa. Since she is in the USA and she has currently I-94 validity, you can file change of status petition for now. As you know, change of status petition will take long time to get adjudication. But, with the help of receipt notice she can stay in the USA until get the status on the petition.
Once you get visa slot in future, you can go for stamping, get visa stamped on L2 then come back to the country and withdraw change of status petition.
Thanks

Hi there. I am in similar situation. Currently in US on B2 visa valid till end april 2022. My husband's L1B blanket expires in March 2022. Company has applied for his extension and included me as spouse for L2 (just recently married). Consulate appointments in India and Canada are for end of 2022.
Sorry I dont have much idea, would my L2 approval come based of the company's application process and I can stay in US even if I-94 expires or would I need to leave US before I94 expires and then go to consulate for visa stamping in oct 2022? Any help would be appreciated.

[rkk09]

Hi Member,
Please see my response below.
would my L2 approval come based of the company's application process and I can stay in US even if I-94 expires or would I need to leave US before I94 expires and then go to consulate for visa stamping in oct 2022?
Answer: Yes. I hope your petition been filed as change of status petition to L2 and now you would have received receipt notice too. If this is the case, you can stay in the USA with the help of change of status petition receipt notice even after your current status expires.
All the best.
Thanks