Transferring from H1B Visa to L2 Visa: Advantages and Process Explained

Key Takeaways:

• Transitioning from H1B to L2 visa requires understanding the process and considering advantages and disadvantages.
• Process includes assessing eligibility, filing forms, attending appointments, and waiting for approval.
• L2 visa advantages include work authorization, study opportunities, and potential pathway to a green card.

Navigating the Transition from H1B to L2 Visa

Making a shift from an H1B to an L2 visa can be a necessary step for many professionals who are looking for new opportunities or family benefits. This transition requires a clear understanding of the process, as well as a balanced view of what such a change can mean in terms of advantages and disadvantages.

Understanding the H1B to L2 Visa Transfer Process

H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. On the other hand, the L2 visa is a dependent visa that is available to the immediate family members of L1 visa holders. If you are considering transferring from an H1B to an L2 visa, here’s the general process you’d need to follow:

1. Assess Eligibility: Ensure that your spouse holds a valid L1 visa.
2. File Form I-539: You must file a Form I-539 for Change of Status with USCIS.
3. Pay Application Fee: There is a required fee that is needed for filing.
4. Attend Biometrics Appointment: You may be required to attend a biometrics appointment.
5. Await Approval: If approved, your status will be changed to L2, and you’ll receive an approval notice.

It’s important to keep in mind that you cannot work on the L2 visa until you have the Employment Authorization Document (EAD), which must be applied for separately through Form I-765.

For the latest forms, fee structure, and additional guidance, it’s recommended to visit the official U.S. Citizenship and Immigration Services (USCIS) website or consult with an immigration attorney.

L2 Visa Advantages: Exploring the Benefits

The L2 visa offers several advantages that could be meaningful for your personal and professional life. These include:

• Work Authorization: L2 visa holders are eligible to apply for work authorization, allowing a breadth of employment opportunities.
• Study Opportunities: You may engage in full-time study on an L2 visa.
• Pathway to Green Card: The L2 visa, by association with the principal L1 visa holder, can provide a path to a green card.

“As an L2 visa holder, you’re not restricted to a specific employer, unlike the H1B visa, which offers a significant level of flexibility and freedom in your employment options,” echoes a common sentiment among visa holders who have made this transition.

The Flip Side: Considerations Before Transferring

With benefits, there are also considerations to factor in before making a decision:

• Dependency on L1 Holder: Your L2 status is inherently tied to the status of the L1 visa holder. Any changes to the L1 status will affect your L2 visa.
• Processing Times: The processing times for change of status and EAD can be long, potentially leading to a gap in employment.
• EAD Renewal: The work authorization is not automatic; it must be renewed, requiring an understanding of USCIS procedures and timelines.

Decision Time: Balancing the Pros and Cons

Transitioning from an H1B to an L2 visa comes down to individual circumstances, career goals, and family considerations. Evaluate the tangible advantages against the potential challenges. If the freedom to work for any employer and the possibility of pursuing further education or a green card align with your long-term objectives, then an L2 visa could be a viable option.

Conversely, if the idea of being tied to your spouse’s employment status poses concern or if immediate work authorization is critical, you may need to reassess your options.

If you do decide to pursue a transition to an L2 visa, meticulous planning and adherence to USCIS guidelines are critical. The official USCIS website is a fantastic resource for the necessary forms, instructions, and the latest information on visa transfers.

Remember, “While the advantages of an L2 visa are compelling, it’s essential to weigh these against the dependency on your spouse’s L1 visa and any potential employment gaps,” advises an immigration expert.

In summary, transferring from an H1B to an L2 visa can open new doors and offer enhanced flexibility for your career and family life. With careful consideration and thorough preparation, you can navigate this transition effectively.

Still Got Questions? Read Below to Know More:

Do my kids need to apply for new visas too if I switch from an H1B to an L2 because my partner is getting an L1

Yes, if you switch from an H1B to an L2 visa due to your partner getting an L1 visa, your children would also need to apply for new visas. Specifically, they would be applying for L2 visas, which are the derivative visa category for dependents of L1 visa holders. Here’s what you need to know:

1. Eligibility: Your children are eligible for L2 visas if they are unmarried and under the age of 21. They are considered dependents under the L visa classification.
2. Process: To obtain L2 visas, your children must complete the following steps:
   • Fill out the Online Nonimmigrant Visa Application, Form DS-160 for each child.
   • Schedule and attend a visa interview at a U.S. Embassy or Consulate.
   • Provide the required documentation, including evidence of their relationship to you and your partner’s approved L1 visa.
3. Benefits: As L2 visa holders, your children are allowed to:
   • Reside in the United States for the duration of the L1 visa holder’s stay.
   • Attend school in the United States.
   • In certain cases, apply for work authorization.

It’s important to note that each child must undergo the visa application process; visas are not automatically transferred or adjusted due to changes in the parent’s visa status. Keep in mind that while the application process is similar to what you will go through for your L2 visa, there will be additional considerations for the children like school enrollment.

For official guidelines and the precise process, you should refer to the U.S. Department of State’s Bureau of Consular Affairs website or the U.S. Citizenship and Immigration Services (USCIS) website.

Here are the relevant links:
– U.S. Visas
– Form DS-160
– USCIS

Before you proceed, it’s always a good practice to consult with an immigration attorney or a reliable immigration service to ensure your children’s visa applications are completed correctly.

Is there a specific timeframe to apply for the EAD after getting my L2 visa, or can I apply for it anytime

If you hold an L2 visa as the dependent spouse of an L1 visa holder, you are eligible to apply for an Employment Authorization Document (EAD). There is no specific timeframe within which you must apply for the EAD after receiving your L2 visa; you can apply for it at any time as long as your L2 status remains valid.

To apply for the EAD, you would need to file Form I-765, “Application for Employment Authorization,” with the U.S. Citizenship and Immigration Services (USCIS). Here’s a general list of steps you would typically follow:

1. Complete the Form I-765.
2. Gather the necessary documentation, such as a copy of your passport with the visa, a copy of your Form I-94, and two passport-style photographs.
3. Pay the required application fee unless you’re eligible for a fee waiver.
4. Mail your application to the appropriate USCIS filing address.

“Submit your Form I-765 application to USCIS along with other required documents,” as stated by USCIS guidelines.

To ensure the most accurate and up-to-date information about the application process and required documentation, always refer to the official USCIS website for instructions. You can find the Form I-765 and detailed instructions on how to apply for your EAD on the USCIS website:
USCIS Form I-765

Remember, processing times for EAD applications can vary, so it’s advisable to apply as soon as possible if you wish to work in the United States. Keep track of your visa expiration date as well, to ensure your EAD does not extend beyond your lawful stay.

What happens to my current job if my H1B to L2 status change is still pending and my H1B expires

If your H1B visa expires while your change of status from H1B to L2 is still pending, the situation can be complex, and your ongoing employment may be affected. However, here’s a simplified explanation of what generally happens:

1. Period of Authorized Stay: You’re typically allowed to stay in the United States on the basis of what’s called a “period of authorized stay” as you wait for the decision on your L2 status change. This is because you’ve filed for a change of status before your H1B expired, showing an intent to maintain your legal status.

2. Employment Authorization: Working on your H1B after it expires isn’t usually permitted, as your H1B status is tied to your employment with a specific employer. However, if you’ve applied for L2 status and also filed for an Employment Authorization Document (EAD), you’ll need to wait until the EAD is approved before you can resume work. You cannot continue working simply because you have filed for a change of status or an EAD; you need the actual approval.

“If your employment authorization will expire before USCIS decides on your L2 application, you must stop working once your H1B expires. Continuing to work without authorization could negatively affect your immigration status.”

For the most up-to-date and detailed information, you’ll want to refer to the United States Citizenship and Immigration Services (USCIS) official website or speak directly with an immigration attorney:

• USCIS Change of Status
• USCIS Employment Authorization

Remember to keep track of your application status through the USCIS Case Status Online tool and consult with an immigration expert for personalized advice based on your specific situation.

Can my spouse start applying for the L2 visa process if they just got offered an L1 job but haven’t started yet

Yes, your spouse can start applying for the L2 visa once you have been offered an L1 job, but typically the L1 visa application, or at least the petition with USCIS, should be well underway or approved. The process for an L2 visa application involves the following steps:

1. Gather Necessary Documentation: Your spouse will need to have certain documents ready for the application. These include your L1 visa petition approval notice (Form I-797), a copy of your L1 visa application, proof of your marriage, and other standard visa application documents.

2. Complete Visa Application Form DS-160: Your spouse must fill out the Online Nonimmigrant Visa Application (Form DS-160). Make sure all the information included is accurate and corresponds to the details in your L1 visa petition.

3. Schedule and Attend a Visa Interview: After submitting the DS-160 form, your spouse will need to schedule a visa interview at the nearest U.S. Embassy or Consulate. This step will include paying the visa application fee and possibly additional fees for visa issuance and fraud prevention and detection.

It is important to remember that your spouse can’t actually use the L2 visa to enter the United States until you have started your L1 position unless they are accompanying or joining you. U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State provide comprehensive guidelines on these processes:
– USCIS: https://www.uscis.gov/working-in-the-united-states/temporary-workers/l-1a-intracompany-transferee-executive-or-manager
– U.S. Department of State – Travel: https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html

Before starting the application process, it’s always a good idea to consult with an immigration lawyer or a trusted immigration advisor to ensure you have the latest information and advice tailored to your specific situation. Please note that due to changing immigration laws and policies, it’s essential to verify current guidelines from official resources.

If my spouse loses their L1 job, how long can I legally stay in the U.S. on my L2 visa while we find another solution

If your spouse loses their L1 job, the length of time you can legally stay in the U.S. on your L2 visa is directly tied to the status of the primary L1 visa holder. Generally, if the L1 visa holder is no longer employed, both the L1 and L2 visa statuses would be considered out of status, and this typically implies that there is no grace period; you are expected to leave the country immediately. However, the U.S. Citizenship and Immigration Services (USCIS) has provided a 60-day grace period, once per each petition validity period, for individuals in non-immigrant statuses, including those on L1 and L2 visas, to allow them to seek other employment or change their status.

This 60-day grace period can be used by L1 workers who have been laid off, and by extension, their L2 dependents can also benefit from that period to remain legally in the country while finding another solution. Here’s how the USCIS describes it:
“The 60-day grace period for E1, E2, E3, L1, or TN status workers is significant because it provides flexibility for these nonimmigrant workers who face a sudden end to their employment. They can maintain their status during the grace period and once the grace period ends if they have filed for an extension of stay or change in visa status.”

For more detailed information on the L1 and L2 visa grace period and options after job loss, refer to the official USCIS website: USCIS – Understanding Your Employment Authorization. If you are facing this situation, it’s also advisable to consult with an immigration attorney immediately to discuss your specific circumstances and potential steps to take.

Remember, if no new employment is found, change of status is not filed, or an extension is not applicable within the 60-day grace period, you and your spouse must depart the United States or risk violating immigration laws, which could impact future eligibility for U.S. visas or entry.

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Glossary or Definitions:

1. H1B Visa: A non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations.

2. L2 Visa: A dependent visa available to the immediate family members of L1 visa holders.

3. Visa Transfer: The process of changing from one visa category to another, such as from an H1B to an L2 visa.

4. Eligibility: Meeting the requirements or criteria necessary for a particular visa or immigration status.

5. Form I-539: A form used to request a change of status for non-immigrant visas in the United States.

6. USCIS: U.S. Citizenship and Immigration Services. The government agency responsible for administering immigration benefits and services in the United States.

7. Biometrics Appointment: An appointment where an individual’s fingerprints, photograph, and signature are collected for identity verification purposes.

8. Employment Authorization Document (EAD): A document that allows individuals with certain non-immigrant visas to legally work in the United States.

9. Form I-765: A form used to apply for an Employment Authorization Document (EAD) in the United States.

10. Dependency: The status of being reliant or connected to another person’s visa or immigration status, as is the case with L2 visa holders being dependent on the L1 visa holder.

11. Processing Times: The amount of time it takes for USCIS to review and make a decision on an immigration application or petition.

12. EAD Renewal: The process of extending or renewing an Employment Authorization Document (EAD) to continue working legally in the United States.

13. Green Card: A common name for the United States Permanent Resident Card, which grants an individual the right to live and work permanently in the United States.

14. Principal L1 Visa Holder: The primary applicant or holder of the L1 visa, to which the L2 visa holder is a dependent.

15. Flexibility and Freedom: The ability to have more choices and options in terms of employment opportunities and career paths.

16. Career Goals: Personal objectives and aspirations related to one’s professional development and advancement.

17. Family Considerations: Factors related to family and personal circumstances that may influence visa decisions, such as the impact on spouse and children.

18. USCIS Guidelines: Rules and instructions set forth by the U.S. Citizenship and Immigration Services that must be followed when applying for visas or immigration benefits.

19. Employment Gap: A period of time during which an individual is not employed, which can occur during the visa transfer process.

20. Meticulous Planning: Careful and detailed preparation and organization of the necessary steps and requirements for a visa transfer.

Note: The definitions provided here aim to enhance understanding and accessibility to general readers. Additionally, some of the terms used in the content are already explained in the glossary, but are included for the sake of completeness and clarity.

So there you have it, the ins and outs of transitioning from an H1B to an L2 visa. With its work authorization, study opportunities, and potential pathway to a green card, the L2 visa can be a game-changer. Just remember to weigh the pros and cons, consider the dependency on the L1 holder, and plan meticulously. And if you want more information and expert guidance, don’t forget to check out visaverge.com. Good luck on your visa journey!