L2 extension pending, Can I start new L2 application


KunalVerma

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Hi Team,

Need some urgent guidance on this.

My Visa upgraded from L1B to L1A. My Spouse's Current Status:
- My spouse and daughter came to US on L2 visa which was linked with my then L1B visa. Her Visa is set to expire on July-2018. 
- My L1B got upgraded to L1A and I got my L1A approval on Aug-2017. I have the latest I-797.
- As my Visa class changed, my L1A visa will now expire on Aug-2019.
- We started the L2 extension (I-539) application for my Spouse and Daughter in Dec-2017.
- Current status of L2 extension (I-539) is that, the approval will come in Dec-2018 (normal processing time). Her EAD will expire in June-2018
and she wont be able to work from June-2018 until Dec-2018 as her L2 extension is not coming thru.

What we need help with:
- As I got a new I797, I can travel back to India, book an appointment with US embassy and get a new L1A visa stamped which will be valid till 08-14-2019.
- We can file for NEW L2 application for my Spouse and Daughter based on my new I797. Get an interview for L2 visa stamp. This will be a new L2 application compared to L2 extension which we filed in Dec-2017.
Do you see any issues with this plan?
So essentially, we want to apply for a new L2 application, instead of the Renewal which is getting delayed? We will need to travel back to India to get this done. As she has a valid visa till July-2018, we can travel in May-2018 and comeback the same month. Will that be recommended?

Please take this on priority as we will need to book the appointments, book the tickets if this is feasible?

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