More details to this question:
My husband's company is transferring him to the US next year. My due date happens to be a couple of weeks after the start date of his new job position. I currently have a valid B1/B2 visa. Would it be possible for me to travel to the US on B1/B2 first, and apply for change of status to L-2 later next year when my husband gets here for his job ? Or should I wait after the baby is born and apply for L-2 from our home country for me and the baby (I would rather not do this since my husband will be in the US by the time the baby is born) ?
3 ANSWERS
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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That should be fine.
Answered on Jul 03rd, 2013 at 2:22 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
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You may do either. Whichever you prefer.
Answered on Nov 03rd, 2011 at 1:11 AM
Assault Attorney serving Richardson, TX
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The wait depends on the country of birth since it is based on whether or not a visa is available. The visa bulletin for 1st preference ranges from 7/22/2004 (All Chargeability, India and China) to February 8, 1997 (Philippines) and April 1, 1993 (Mexico). This would be based on his father filing an I-130 immigrant visa. Also, there is no "day for day" movement of the bulletin. It can stall or jump forward at any time to use the 23,400 visas available annually. The brother would have to independently file for a work authorized status, such as H-1B 'specialty occupation' or E-2 investor. There is no Employment Authorization Document available while waiting for visa availability.
Answered on Nov 02nd, 2011 at 12:18 PM