L2 visa for a L1B Visa holder.

[rahuljain0485]

I am working on L1B visa in United sates and i am getting married in Feb.
My wife also has a L1B visa from her employer and she has worked in US for around 6 mnths earlier.She is now in India.We are trying if she can get some project from her employer on L1B visa in the same location as mine.However,that is getting little difficult but her employer is trying there best to find some project for her.We were thinking if we can also meanwhile get her L2 stamped.So if let's say within next 2 months she does not get any project from her employer in the same location as mine,she will immediately take long term or resign from her company and travel on L2.So my question is if we go for her L2 visa stamping while her employer is trying to find project,what would happen to her current L1B visa.Can she hold her current L1B visa also and get stamped L2 Visa?

Thanks

[raghvi]

L2 visa for a L1B Visa holder.

Most probably her L1B will be "Cancelled without Prejudice" . She cannot have two status simultaneously. This is my opinion, please do seek help from experts too.

[kabkaba]

What is canceled is Visa in her passport only. The underlying petition is not canceled. Her employer can apply for change of status to L1 at any time or she can work after receiving L2 EAD also.

[vickysingh]

Yes,what kabakka has said is correct. She can apply for ead and can work for same employer f the employer has no problem with her working on ead for her,or the employer can file status change from L2 to l1 for her. I would say if employer can take her on EAD that would be better as she would not be tied to employer in that case.