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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My husband and I are in the USA on L1 and L2 visas ( husband

Customer Question

Hi
My husband and I are in the USA on L1 and L2 visas ( husband us the L1 holder).
1) If he transferred to a new job outside of the USA, can I remain in the USA until the end of the school year?
2) I understand I will be out of status, but if my i94 is in date and I don't leave the USA will I be allowed to stay?
3) We will wish to return to the USA in the future on the ESTA program for vacations and possibly on L1 and L2 visas for future employment, would we be flagged in the system as 'overstayers or illegal' ?
4) is there any other way we could stay on a bit longer other than an ESTA?
Thank you
Jane
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.

Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

During this process, it will be my goal to provide you with a positive customer service experience. But please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, consider my customer service, not the state of the law of the outcome of you situation. I cannot control those things. I am just a messenger. Thank you for your understanding.

QUESTION 1: If he transferred to a new job outside of the USA, can I remain in the USA until the end of the school year?

ANSWER: Not on L2 status, no. If you remain, you will be out of status and accruing unlawful presence. You could seek to change your status to F1 status, however.

QUESTION 2: I understand I will be out of status, but if my i94 is in date and I don't leave the USA will I be allowed to stay?

ANSWER: No, not legally. You are only lawfully present on your I-94 as a dependent if the underlying L1 is still valid.

QUESTION 3: We will wish to return to the USA in the future on the ESTA program for vacations and possibly on L1 and L2 visas for future employment, would we be flagged in the system as 'overstayers or illegal'?

ANSWER: Yes, you could be. There is no way for me to guarantee that, but legally speaking, it could cause you issues and therefore would make you ineligible for travel to the US on the Visa Waiver Program (ESTA).

QUESTION 4: is there any other way we could stay on a bit longer other than an ESTA?

ANSWER: You cannot even change your status from L2 to VWP/ESTA. To get that status, you must leave the US, register with ESTA (if you are not already) and then enter on the Visa Waiver Program/ESTA.

The only other option is to apply for a change of status to visitor status; but if the purpose of staying in the US is to go to school/finish school, then visitor will not be appropriate. You will need F1 student status.

I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer.

I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you.

REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

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If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

Expert:  Expert James replied 1 year ago.

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

Do you need more help or need me to explain anything else?

Expert:  Expert James replied 1 year ago.

Hi again,

I received a message that you reviewed my response and you require additional assistance. However I cannot see your correspondence above.

Please post it again, so I can continue to help you and we can close this question.

Thank you!

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