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PDF Editor FAQ

Immigration Law: Is it reasonable to file for an extended B1/B2 stay, on the account that you are about to be hired by an H1B sponsored and need a few more weeks to submit application?

I have seen USCIS deny an I-539 application seeking visitor (B) status, for that exact reason. Language from the denial notice provided below for your reference:The applicant has indicated that one of the reasons for the requested change of status is to be able to secure new employment. The fact that the applicant is requesting a change of status to that of a B nonimmigrant shows the applicant's actual intent to utilize the B classification simply to maintain status in the interim period until the applicant is able to secure another valid employment based nonimmigrant classification. Using the B nonimmigrant classification to maintain status until an employment based nonimmigrant classification can be secured is in direct violation of the requirements prescribed under Section 101 (a) (1 5) (B) of the Act.Furthermore, because the applicant's ultimate intention is to remain in the United States as a nonimmigrant worker, USCIS has determined that the applicant has not established a residence abroad to which he or she intends to return, nor has the applicant established an intention to depart from the United States within a definite time frame. Therefore, the applicant does not qualify for the B nonimmigrant classification under Section 101 (a) (1 5) (B) of the Act.You might still decide to file an I-539 to extend your visit, but need to carefully consider timing and evidence in support of your application.I would be happy to chat with you about your case. Please send me a direct message if interested. I wish you the best of luck!Sincerely,Michael

How much time does it take for my wife to get an L2 visa since my L1 visa is already approved? Currently our company was acquired by another company.

Is your wife currently in the US or outside the US? Her L-2 is not tied to your company, but to your L-1 status.There are two ways for your wife to obtain her L-2 visa — she can either apply directly at a US Consulate/Embassy or an I-539 application can filed (if she’s in the US on another US status). If an I-539 application is filed, it can take 3–6 months to process, depending on USCIS processing times. However, if she applies abroad at a US Consulate/Embassy, it’s relatively quick. She should know if her visa was approved after her interview.You mention that your company was acquired by another company. Does this new company have a relationship with the company you worked for abroad?*I am not an attorney. Please do not misconstrue the above as legal advice.*

I am an Indian working in the US on an L1 visa. Can I apply for my dependent's visa (L2) in the US itself?

If your spouse is abroad, she must apply for the L-2 visa directly at a US Consulate. If she is in the U.S. in another nonimmigrant status, she can apply to change her status to L-2 by filing Form I-539 with the appropriate fee and evidence with USCIS.

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