Renewing L2 Visas
Oct 17th 2002, 3:01 pm
#1
Thread Starter
Joined: Feb 2002
Posts: 6,848
Renewing L2 Visas
My husband's employer is going to extend his contract and will apply to renew our L1 & L2 visas. For some (unknown) reason they're processing his L1 renewal application imminently, but apparently our L2 visas can only be applied for within 60 days of them expiring (mid-April 2003).
Will we dependants on L2 visas have to physically go to the nearest INS office (Newark, NJ) when they are to be renewed, or is it done by post? I assume new photos will be needed? Also as the spouse, I would like to have Employment Authorisation - I heard it costs $1000 so hopefully I can file for this at the same time as renewal?
We have another complication; our eldest child is now 18 and can't legally work in the US (new L2 rules exclude dependant children
) and she's going on a Gap Year trek to India from Feb-May. She's currently in England looking for a temp Christmas job to try and save some money as we won't even consider letting her work illegally in the US. We will be applying for a 2nd British passport for the visa for India as she will need it on her travels.
Do we need to get a letter from the trek organizers saying that she will be absent from the US on an educational trip, so that the L2 visa can be issued in her current passport which would have to be mailed back to the States or issued in London, (she's away for the 60 days prior to the expiry date on her current L2) or do we have to let the visa expire and for her to apply for a new one after returning from India?
Thank you for any advice!
Will we dependants on L2 visas have to physically go to the nearest INS office (Newark, NJ) when they are to be renewed, or is it done by post? I assume new photos will be needed? Also as the spouse, I would like to have Employment Authorisation - I heard it costs $1000 so hopefully I can file for this at the same time as renewal?
We have another complication; our eldest child is now 18 and can't legally work in the US (new L2 rules exclude dependant children
) and she's going on a Gap Year trek to India from Feb-May. She's currently in England looking for a temp Christmas job to try and save some money as we won't even consider letting her work illegally in the US. We will be applying for a 2nd British passport for the visa for India as she will need it on her travels. Do we need to get a letter from the trek organizers saying that she will be absent from the US on an educational trip, so that the L2 visa can be issued in her current passport which would have to be mailed back to the States or issued in London, (she's away for the 60 days prior to the expiry date on her current L2) or do we have to let the visa expire and for her to apply for a new one after returning from India?
Thank you for any advice!
Oct 17th 2002, 7:18 pm
#2
Guest
Posts: n/a
Re: Renewing L2 Visas
On Thu, 17 Oct 2002 08:01:20 -0700, Englishmum wrote:
> My husband's employer is going to extend his contract and will apply to
> renew our L1 & L2 visas. For some (unknown) reason they're processing
> his L1 renewal application imminently, but apparently our L2 visas can
> only be applied for within 60 days of them expiring (mid-April 2003).
I think that somebody misunderstood something. The 60 day rule applies to
the actual visa stamp - but what you actually need to renew is your L-2
status, not the visa. You should indeed do that together with his L-1
status extension.
You only need to renew the visa stamp if you plan to actually leave the US
and then return. Even in that case, the 60 day rule only applies if you
plan to renew your passport within the US by sending it to St. Louis. They
accept visa renewals up to two months before the old visa expires, or up
to one year after.
Consulates will renew visas at any time.
In all cases, before you can renew your visa stamp, you will need the L-1
extended; the consulate or Dept. of State in St. Louis will want to see
the approved L-1 petition. Normally, you would also want the L-2 status
extended, in addition to a new visa. If you don't, you HAVE to travel
outside the US and return with your new L-2 visa, or you would fall
inadvertently out of status with all the serious consequences that
carries.
Finally, if you indeed do not get your L-2 extended in the US, all is not
lost. Once the L-1 extension is approved, simply leave the US, make sure
your visa is valid (either the old visa before it has expired, or get a
new one from a consulate) and return, showing the new L-1 petition.
> Will we dependants on L2 visas have to physically go to the nearest INS
> office (Newark, NJ) when they are to be renewed, or is it done by post?
> I assume new photos will be needed? Also as the spouse, I would like to
> have Employment Authorisation - I heard it costs $1000 so hopefully I
> can file for this at the same time as renewal?
The L-2 renewal is best processed together with his by mail. You can do it
separately, but it also must be done by mail to one of the four service
centers (in your case, Vermont). I'm not sure if you can include the
application for work authorization right with it, but I expect that you
can. The fee is substantially less than $1000. I'm not sure about the
exact number, but it is something between $80 and $150.
> We have another complication; our eldest child is now 18 and can't
> legally work in the US (new L2 rules exclude dependant children )
> and she's going on a Gap Year trek to India from Feb-May. She's
> currently in England looking for a temp Christmas job to try and save
> some money as we won't even consider letting her work illegally in the
> US. We will be applying for a 2nd British passport for the visa for
> India as she will need it on her travels.
I don't follow why this is. She can use the same passport she also uses
for the US.
> Do we need to get a letter from the trek organizers saying that she will
> be absent from the US on an educational trip, so that the L2 visa can be
> issued in her current passport which would have to be mailed back to the
> States or issued in London, (she's away for the 60 days prior to the
> expiry date on her current L2) or do we have to let the visa expire and
> for her to apply for a new one after returning from India?
If she is not physically in the US, the L-2 visa CANNOT be renewed in St.
Louis. A letter does not make a difference. She has to apply for a visa at
a US consulate. I strongly recommend that she not be physically in a
different country than the consulate she uses. It is quite common for the
consulate to ask the applicant to show up in person. Since the consulates
in India are very overloaded and can take a very long time to process
visas, your daughter should do one of three things:
- when the new L-1 petition is approved and if there is plenty of time
before her trip, consider using St. Louis. Issuing a visa there takes
about three months or so.
- use the consulate in London (I'm assuming she is British, although you
don't explicitly say so) before she leaves on her trip. - use the
consulate in London after she returns from her trip.
I would allow about two weeks processing time for the London consulate,
although it is possible that it will actually take longer.
> My husband's employer is going to extend his contract and will apply to
> renew our L1 & L2 visas. For some (unknown) reason they're processing
> his L1 renewal application imminently, but apparently our L2 visas can
> only be applied for within 60 days of them expiring (mid-April 2003).
I think that somebody misunderstood something. The 60 day rule applies to
the actual visa stamp - but what you actually need to renew is your L-2
status, not the visa. You should indeed do that together with his L-1
status extension.
You only need to renew the visa stamp if you plan to actually leave the US
and then return. Even in that case, the 60 day rule only applies if you
plan to renew your passport within the US by sending it to St. Louis. They
accept visa renewals up to two months before the old visa expires, or up
to one year after.
Consulates will renew visas at any time.
In all cases, before you can renew your visa stamp, you will need the L-1
extended; the consulate or Dept. of State in St. Louis will want to see
the approved L-1 petition. Normally, you would also want the L-2 status
extended, in addition to a new visa. If you don't, you HAVE to travel
outside the US and return with your new L-2 visa, or you would fall
inadvertently out of status with all the serious consequences that
carries.
Finally, if you indeed do not get your L-2 extended in the US, all is not
lost. Once the L-1 extension is approved, simply leave the US, make sure
your visa is valid (either the old visa before it has expired, or get a
new one from a consulate) and return, showing the new L-1 petition.
> Will we dependants on L2 visas have to physically go to the nearest INS
> office (Newark, NJ) when they are to be renewed, or is it done by post?
> I assume new photos will be needed? Also as the spouse, I would like to
> have Employment Authorisation - I heard it costs $1000 so hopefully I
> can file for this at the same time as renewal?
The L-2 renewal is best processed together with his by mail. You can do it
separately, but it also must be done by mail to one of the four service
centers (in your case, Vermont). I'm not sure if you can include the
application for work authorization right with it, but I expect that you
can. The fee is substantially less than $1000. I'm not sure about the
exact number, but it is something between $80 and $150.
> We have another complication; our eldest child is now 18 and can't
> legally work in the US (new L2 rules exclude dependant children
)> and she's going on a Gap Year trek to India from Feb-May. She's
> currently in England looking for a temp Christmas job to try and save
> some money as we won't even consider letting her work illegally in the
> US. We will be applying for a 2nd British passport for the visa for
> India as she will need it on her travels.
I don't follow why this is. She can use the same passport she also uses
for the US.
> Do we need to get a letter from the trek organizers saying that she will
> be absent from the US on an educational trip, so that the L2 visa can be
> issued in her current passport which would have to be mailed back to the
> States or issued in London, (she's away for the 60 days prior to the
> expiry date on her current L2) or do we have to let the visa expire and
> for her to apply for a new one after returning from India?
If she is not physically in the US, the L-2 visa CANNOT be renewed in St.
Louis. A letter does not make a difference. She has to apply for a visa at
a US consulate. I strongly recommend that she not be physically in a
different country than the consulate she uses. It is quite common for the
consulate to ask the applicant to show up in person. Since the consulates
in India are very overloaded and can take a very long time to process
visas, your daughter should do one of three things:
- when the new L-1 petition is approved and if there is plenty of time
before her trip, consider using St. Louis. Issuing a visa there takes
about three months or so.
- use the consulate in London (I'm assuming she is British, although you
don't explicitly say so) before she leaves on her trip. - use the
consulate in London after she returns from her trip.
I would allow about two weeks processing time for the London consulate,
although it is possible that it will actually take longer.
Oct 18th 2002, 1:05 pm
#3
Thread Starter
Joined: Feb 2002
Posts: 6,848
Re: Renewing L2 Visas
Thank you very much for your reply.
Just to clarify;
Yes we are all British citizens.
Our current L1 & L2 visas expire in April 03. Daughter (currently looking for temp work in England) will be in India from early Feb until end of May.
If her dad sends the new L1 petition to England, she can send it in with her passport to the American Embassy in London next June, even though the date on the current L2 visa in her passport has expired?
If this is correct, then she won't need a second passport.
Thanking you in advance.
Just to clarify;
Yes we are all British citizens.
Our current L1 & L2 visas expire in April 03. Daughter (currently looking for temp work in England) will be in India from early Feb until end of May.
If her dad sends the new L1 petition to England, she can send it in with her passport to the American Embassy in London next June, even though the date on the current L2 visa in her passport has expired?
If this is correct, then she won't need a second passport.
Thanking you in advance.
