Need some advice on filing L2 after getting 221g on H1B Renewal

[bluehat]

Hello guys,

Need some advice on my case -

I was working in the USA for about 3 years on H1B and my fiance was working there on an L1.

We came back to India this november to get married and I appeared for my H1B renewal stamping.

The consulate gave me a 221g blue slip asking for more documents. After waiting for almost 2 months I go a mail from the consulate that the application has been sent to the USCIS for review. I have heard that this might take 6 months to one year to complete and even after that the VISA is not guaranteed. I have little hope for the VISA as mine is a E-C model and I have heard that the consulate is very strict about it nowadays.

My wife has a valid L1B and can go to USA on some project from her company.

So my questions are -

1. Can I apply for a L2 VISA? Do I have to withdraw my H1B application (my passport is still with me) ?

2. Does she have to be in the USA already when I apply for the L2 VISA? Does it improve the chances of getting a L2 VISA?


3. Does the pending 221g has any effect on the L2 VISA application?

[raghvi]

Need some advice on filing L2 after getting 221g on H1B Renewal

You can very well apply for L2 visa, without the need of withdrawing your H1 application. Further, you can go to US, get yourself an EAD and work for the same client on this EAD. The pending 221G does not have any effect on your L2 processing. This is my opinion, please do seek expert opinion too.

[bluehat]

You can very well apply for L2 visa, without the need of withdrawing your H1 application. Further, you can go to US, get yourself an EAD and work for the same client on this EAD. The pending 221G does not have any effect on your L2 processing. This is my opinion, please do seek expert opinion too.

Thanks Raghvi.

What are the chances of L2 getting approved? Also while stamping wudnt they see my 221g record in their system? Wont they ask me abt it?

We are still contemplating on whether my wife shud travel to the US or not. If the chances are bright to get the L2 she can travel in the coming week, but she doesnt want to get into a project at onsite and then find out that my L2 has been refused/rejected.

Please advice.

[raghvi]

Need some advice on filing L2 after getting 221g on H1B Renewal

L2 approval depends solely on her L1 validity, whether she maintained her status or not, marriage validity, and associated documentation as to how strong the L1 case is. No one can predict the chances, though its a general tendency to be more relaxed on dependent visas, but again no one can say for sure. A good attorney may be able to give more insights after seeing the documentation.

She can always tell her company that she will go ahead with L1 travel only if you get your L2 and if the company really needs to send her there they might want to wait till you get your L2 but that is an internal company issue between your spouse and her team and not a visa issue.

Please note this is my opinion not a legal advice.

[bluehat]

L2 approval depends solely on her L1 validity, whether she maintained her status or not, marriage validity, and associated documentation as to how strong the L1 case is. No one can predict the chances, though its a general tendency to be more relaxed on dependent visas, but again no one can say for sure. A good attorney may be able to give more insights after seeing the documentation.

She can always tell her company that she will go ahead with L1 travel only if you get your L2 and if the company really needs to send her there they might want to wait till you get your L2 but that is an internal company issue between your spouse and her team and not a visa issue.

Please note this is my opinion not a legal advice.

Thank you so much for the promt reply Raghvi.

She is on vacation from 17th october. She was working in US for about 18 months before that. Would tht be a possible issue in the "maintaining her status" thing?

[raghvi]

Need some advice on filing L2 after getting 221g on H1B Renewal

For a complete list of documentation check the below link:

https://www.immihelp.com/usa-visas/l1/l2docs.html