L2 Visa now or wait until GC??

[psychogenesis]

Hello,

I got married in India on June 15th which was a registered marriage though the actual religious wedding ceremonies will happen in the end of November. I am currently on the L1 Visa with my I-485 pending since March 14th, 2012 with a priority date of October 2009. I have my EAD card and I have been soliciting offers from other companies to join them after invoking AC-21.

My question is related to getting my spouse over from India. She will join me only in the beginning of next year and I wanted to know if it is best for me to get the L2 Visa for her right away or wait since I plan to change companies using the EAD. What is the best strategy in this case as she will lose status on the L2 Visa if I use my EAD? She cannot apply for the EAD as well along with the L2 visa since she will be in India till the end of the year. How can I get her into the country without any issues?

Please help!!

[Attorney_23]

If a foreign national is in L1 status, his/her spouse is generally entitled to apply for an L2 visa. However, if the foreign national loses his/her L1 status, the L2 visa cannot then be used.

[psychogenesis]

What would be the best way to bring my spouse over if I were to use the EAD? Can I apply for the H1B in April '13 and have her in the country on the B1/B2 Visa?

[Attorney_23]

It may be difficult for her to obtain a B1/B2 visa, given that her spouse is in the U.S. with a pending I-485. However, if you can obtain H1B status, your wife would presumably be able to obtain an H4 visa.

[psychogenesis]

Thanks for that prompt response. So is there no other way to ensure she is able to enter the country between me joining a new job on EAD and October 2013?

[Attorney_23]

There may be other ways, but it would depend upon a myriad of different circumstances. You may wish to schedule a consult with an experienced attorney to review both of your complete immigration and work history to determine what other options you may have.