Husband F1 expired, Apply for L2

Hi,

My husband’s F1 visa expired in July 2012, and H1 got denied on Dec 14, 2012. I am on L1 visa valid till 2015. Can we apply for L2 from here and go for visa stamping to canada? or Do we need to go to home country (india) for visa stamping?

Thanks for your help…

Is he on OPT? If yes, then he can file L-2 w/ COS from US itself. If he is not on OPT, then he should leave US ASAP and return after getting L-2 visa stamped. I would recommend going to home country in this case as he will not be maintaining legal status in US (if OPT has expired).