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

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

    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.

  • #2
    Hi Member,
    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.
    Answer: You can apply for change of status from B2 to L2 before current I-94 expires. With the help of L2 change of status petition receipt notice, you can stay in the USA until get the decision. Meanwhile, if you get any visa slots for L2 then you can also consider obtaining visa at consulate/ embassy. Once return back to the country, you can withdraw L2 change of status petition too.
    Thanks.

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