I would like to know the answers to a few L2 visa questions for my spouse.
My spouse (on H1B) and I have been staying in u.s for more than 1.5 years, we also have a baby born here. Recently we all went to india for vacations and my wife was asked by her company that her project in U.S is over and she doesn't need to immediately come back to U.S. They say that they will call her as soon as the project comes in U.S, but it has been already a month and thee keep postponing her travel. I had to come back to U.S and My wife and kid are stuck in india.
Now we are planning that she can come to U.S on L2 (as I'm on L1) and she can file EAD and work here.
The question I have, what should she answers if in the interview she is asked questions like:
Will you work in U.S?
Do you plan to quit or job before you go?
Why you did not go with your husband
Thanks for the help!
If H-1B stamp is valid, she and the new baby (congrats!) must travel on that visa and work further on changing status here. If not L-2 from India is a good option. Also, I hope your baby has own US passport.
Will you work in the US?
>With the baby, this will be difficult for me
Do you plan to quit your job before you go?
>I will try for leave first
Why you did not go with your husband?
>Because parents needed to spend more time with baby
Thanks shankar!, those are really good answers. 
For the H1B it is talking time and her company is keep postponing the trip and that is the reason we are applying L2.
Here are some more tricky ones (to me), and if you can answer that would be great.
• Why do you want to go to USA?
• Why did you not come with your husband for the interview? . When I went for my visa, my spouse was already in USA, should we just tell as it is?
• If you already have H1B why are you applying for L2 visa, can’t you just go on H1 B visa.
• Why do you want to go to USA?
Our culture requires me and my child to be where my husband is. We are a family.
• Why did you not come with your husband for the interview? . When I went for my visa, my spouse was already in USA, should we just tell as it is?
This is correct
• If you already have H1B why are you applying for L2 visa, can’t you just go on H1 B visa
No. My travel, stay and work plans in the US have to be similar to my husband’s. If our visa categories are different, everything will require additional work. L-2 allows me to work with INS permission but I don’t think that will happen as the baby needs all my attention right now.
Thanks a lot Shankar… answers are really helping us a lot…
Some more questions…I want to ask…I’m not sure of the answers…
Just to give you background…my wife’s visa was expired on July 13, extension got approved in US and when we came to India in Dec 13 she went for H1-B extension visa interview…it got approved
- Regarding this question “If you already have H1B why are you applying for L2 visa, can’t you just go on H1 B visa”
If she answers that she is applying L2 to keep travel, stay and work plans similar to mine then what would be the answer if consular asks “Then why have you come for the H1-B visa extension interview” or “why have you extended your H1-B”? what would be the best answer?
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What would be answer if consular ask : How you were managing the kid before with H1-B? - Because she was working before
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What should be answer for duration of stay? to stay as long as visa is valid or just going on vacation for few months?
Hi Rajneesh,
As mentioned in my first response, your wife must ideally plan to travel on the H-1B that is already stamped. Although the employer is postponing trip, there is no reason she should wait in India till the call comes, she can always wait in the US.
#2. I thought I could manage everything but it is very difficult - provides answers #1 and #2
#3. Duration of husband’s project
Again, I think you must plan to use stamped H-1B as the travel document and not bother with all this
thanks!
The reason we are not planning to use H1-B as the travel document is, although we can travel on H1B but we can’t stay in U.S if there is no assignment for her right and that is why all these.
I don’t think any questions will be asked at all. She has a valid travel document yet you have chosen to go the L-2 route which is commendable. This answer will be useful “Because of the baby I requested my H-1B employer to place me on bench for some time but that request cannot keep me in status unless they pay me for time on the bench. L-2 allows me the freedom to care for the baby and applying for an EAD on L-2 is always possible if needed.”
Hi Shankar…
Thanks for all your help. It really helped us a lot in preparing for the visa interview. My wife L2 got approved
Following questions were asked to her
- For how long your husband is associated with XYZ company?
- How long you have been married?
- How did you meet your husband?
- Where were you staying in US and did you like that place?
He didn’t check her H1-B so not sure what will happen to H1 visa. Will they replace H1-B visa with L2? If yes then do we have to again go for the H1-B interview incase her H1-B employer wants her to go on assignment?
Congratulations! I enjoy happy stories. Have a safe flight to the US, make sure the baby has plenty of fluids to drink.
All the best!
sandeep
p.s. I am not sure why all my responses to you have been flagged…