Legal Question in Immigration Law in New Jersey

L1 Visa

Hi I am on L1 visa and my wife is on L2 visa. I have to go back to India for 3 weeks. Can my wife stay in US or will she have to go back with me to India?

Another question: If my company calls me back to India for good(but I still hold valid L1 Visa) then for how long can my wife stay (grace period) in US after my leaving?


Asked on 7/30/08, 5:32 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: L1 Visa

Based on the information that you provided, your wife can remain here if you temporarily have to go to India. If you have to return to work in India, then it is more complicated. I recommend that you and your wife speak with an attorney if you are transferred to India permanently.

If you have additional questions, please do not hesitate to contact my office.

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Answered on 7/31/08, 8:24 am
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: L1 Visa

If your visit is temporary and you are still working with the company in the US then your wife can stay on L1. If you go back permanently then she no longer will have L2 status as it is predicated on your L1 status. The question becomes when did your employment "officially" terminate with the company in the US. Technically, THAT is the date she also will lose her L2 status. Now as far as grace period is concerned. There is a disparity between technical and practical so that is really where you can speak to an immigration attorney.

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Answered on 7/31/08, 4:46 pm


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