谢谢,是律师建议他下月回中国面签L1,说那样会快些(不建议在美国办),但我由于怀孕问题不能同行,所以想问我可以等到明年孩子半岁的时候再回国面签吗还是不需要了?
-It seems that lawyer is not experienced. Even if he goes to China to get the L-1 visa, the employer still need to file I-129 to USCIS for approval first, which takes the same procedure and time as he changes status to L-1 within US. Also, if he goes to China to get the L-1, you also need to go to L-2 visa with him. Otherwise, your F-2 status will be invalid and thus, you will be illegally present in US.
My suggestion to you is that: your spouse just asks the employer to file I-129 for him to change his F-1 to L-1 within US and you file I-539 at the same time to change your F-2 to L-2 with him. If he want to work urgently, he may just pay extra $1225 to use premium processing to get the L-1 approved in 15 days. Thus, both of you does not need to go to China.