Legal Question in Immigration Law in Massachusetts

Hi, I am L2 Visa Holder and my spouse (L1B) is having Max-Out on 15th August �2015.Our I-94 is valid till Dec 1, 2016 and visa is valid till March3rd, 2016. I have EAD, valid till March3rd, 2016. To continue working, my spouse needs to apply for L1A and I need to apply (through my company) for H1B visa. My question is �Can I apply for H1B & L2 together simultaneously�? For L1A, we may need to go to Canada for a week in March�15.


Asked on 11/12/14, 2:19 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Although you really should be asking these questions to your/your husband's employer's attorney, you can & should file the L-2 extension, in case your H-1B petition is not chosen for the H-1B cap lottery. However, you should not leave the country if you have an I-539 pending, if you are filing the extension with USCIS. You should also be present when applying for an H-1B change of status. Again, I would recommend discussing this with the employer's attorney before you leave the country.

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Answered on 11/13/14, 6:15 am


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