L1 has to leave the country but L2 is valid way ahead

I am in a confusing situation. Described below:

My husband (primary L1 visa holder) has to go back to India since his assignment is getting over this November. But he has valid L1 visa until nect year and I-94 valid 2016 December. I am having my EAD valid until 2016 august and visa 2017 December. I-94 is valid until 2016 December.

L1 is not going be withdrawn by his company. In this scenario can I continue working in USA till my EAD is valid? My employer said YES provided his L1 is not withdrawn.

L1 Visa details:

L1 visa valid: till 2016 August

I-94 valid : 2016 December

L2 Visa Details:

L2 Visa valid: till 2017

I-94 valid: 2016 December

EAD valid : 2016 August

In this scenario can I stay back and work till my EAD is valid? He has to go back now, if in case they find any project in USA quickly they can send him back but nothing confirmed yet.

Please reply me soon. Appreciate your response.

L-2 dependent visa is given for family union. As the spouse is working in US, dependent visa is issued so that family can join the spouse in US. If the spouse is relocating to outside US, it is expected that dependents will join him even if they have valid I-94 and EAD.

Even though legally you can continue to work in US, it will be a misuse of the visa.

Thank you Saurabh.
I do understand. But I am also in a critical situation where I have not completed even 1 year in my current job and have to payback some amount if I quite before 1 year. I just need to stay 4-5 months after my husband departs from USA. Do you think I have to face any legal issue for that?

I think you may still be ok. Did you talk to your EAD employer’s attorney about it?

Yes Saurabh,
My employer is saying (after talking to their attorney) I can stay back till my EAD expires provided his L1 is not been withdrawn. I am wondering and confused to read in many places that once your US assignment is over your L1 gets out of status. IS that true?

When you say L-1 is out of status, it may mean that L-1 holder has left US and no longer has a valid status. Status is applicable only when the person is inside US.

When attorney says L-1 is not withdrawn, he may be referring to L-1 petition and visa stamp which will remain valid even after leaving US.

what if L1 goes to India since his current assignment is over but he is with the same employer and valid L1 and employer can send him back to US again if they find another assignment for him. In this case will the status go invalid?

The L-1 status will become void when he leaves US. Once he re-enters US, the status will again become active.

I got you. Do you think i might face any critical issue if I stay back for few months after L1 departs and would I be facing any issue if I reenter in US in future? I heard there will not be having any issue while leaving from the country. Is that true?

That is correct. It’s a misuse of the situation though.

I understand…I am in so much of critical position, trying to find some work around…thanks a lot for your responses.

Hi,

I am in the same situation now, Please share which way you choose?? That would be greatly helpful!!

Hi,

I am also in the same situation, what did you choose to do? Is it illegal to work while spouse is back to India as the assignment is completed?