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Old 11-26-2012, 02:39 PM
 
10 posts, read 23,529 times
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I am likely to move to the USA on an L1 visa. My son who is 22 years old is already on an F1 visa doing his masters at RIT, Rochester NY.

He is financially dependent on me as I provided the letter of guarantee to RIT with regard to payment of his course fees and his living expenses.

Given the above, can I include him as a dependent while my company applies for my L1 Visa.

Really appreciate your advise on this. Thanks.
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Old 11-26-2012, 04:10 PM
 
Location: Rogers, Arkansas
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No, he is over 21 and so not a minor.
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Old 11-26-2012, 07:11 PM
 
Location: World
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The only advantage you can have if your son was on dependent visa is that L-2 visa people can work off-campus. He may not apply for H-1B visa as he can work as long as you are there on L-1 visa.Also your son may not register for 9 credit hours for his course per semester. Once your son becomes 21, NO he cant be on dependent visa.
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Old 11-27-2012, 08:44 AM
 
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Thanks Punguin_ie, munna21977.

In case if I had L-2 when he was <=21 y/o for him, after he becomes 22 y/o, would he have ceased to be a dependent?
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Old 11-27-2012, 03:00 PM
 
16,818 posts, read 2,020,070 times
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Quote:
Originally Posted by singapore-expat View Post
Thanks Punguin_ie, munna21977.

In case if I had L-2 when he was <=21 y/o for him, after he becomes 22 y/o, would he have ceased to be a dependent?
21 is it. He is considered an adult.
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Old 11-28-2012, 08:46 PM
 
Location: NoVA
832 posts, read 1,259,373 times
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Quote:
Originally Posted by singapore-expat View Post
I am likely to move to the USA on an L1 visa. My son who is 22 years old is already on an F1 visa doing his masters at RIT, Rochester NY.

He is financially dependent on me as I provided the letter of guarantee to RIT with regard to payment of his course fees and his living expenses.

Given the above, can I include him as a dependent while my company applies for my L1 Visa.

Really appreciate your advise on this. Thanks.
Unfortunately not. And there's no financial advantage to it either.

He is already an F1 and paying international tuition, which would not change with being an L2. He would still pay international student tuition as a non-immigrant.

And part two, the most glaring reason being that's he's 21 or older. Even if he was 20 when you first got your L1, he would no longer be an L2 upon reaching 21.
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Old 11-29-2012, 05:50 AM
 
Location: World
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Quote:
Originally Posted by mrskay662000 View Post
Unfortunately not. And there's no financial advantage to it either.

He is already an F1 and paying international tuition, which would not change with being an L2. He would still pay international student tuition as a non-immigrant.

And part two, the most glaring reason being that's he's 21 or older. Even if he was 20 when you first got your L1, he would no longer be an L2 upon reaching 21.
On F-1 visa, he cannot work off-campus. On L-2 visa, he can work offcampus at places like Mcdonalds, walmart if he was less then 21 so that is one financial advantage. F-1 visa holders are forbidden to work off-campus.
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Old 11-29-2012, 06:47 PM
 
Location: NoVA
832 posts, read 1,259,373 times
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Quote:
Originally Posted by munna21977 View Post
On F-1 visa, he cannot work off-campus. On L-2 visa, he can work offcampus at places like Mcdonalds, walmart if he was less then 21 so that is one financial advantage. F-1 visa holders are forbidden to work off-campus.
This is true.

But he can work on campus up to 20 hours a week, which is about all you'd want someone at RIT working if they're to maintain a scholarship and/or grades.

They can also work off campus in dire financial need or for class credit and for OPT.

So if he has an internship that pays or he does OPT in order to get his foot in the door as an H1B, then there wouldn't be any financial advantage to unrestricted employment authorization as the free time would be soaked with OPT and internships.

If you need to use your child as an additional income source, then by all means, I would recommend doing an L2. But if the goal is a solid education for a secure financial future, then there's no need.

If you have need for additional income as an employed L1, I'd wonder if you're being abused by your employer or if you're a genuine L1 (as opposed to someone who's only an L1 on paper and exchanging low wages for a green card).

But as an L1 with a child at RIT, I would venture to say that you're fine financially and have no genuine need for additional income gathered from a college student.
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Old 12-02-2012, 09:17 PM
 
10 posts, read 23,529 times
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Quote:
Originally Posted by mrskay662000 View Post
Unfortunately not. And there's no financial advantage to it either.

He is already an F1 and paying international tuition, which would not change with being an L2. He would still pay international student tuition as a non-immigrant.

And part two, the most glaring reason being that's he's 21 or older. Even if he was 20 when you first got your L1, he would no longer be an L2 upon reaching 21.
Thanks, pretty clear...
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Old 06-30-2013, 11:44 AM
 
1 posts, read 4,903 times
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Hi,

My company has asked if I would be willing to transfer to Florida next year.I am interested but my son will be 20 yrs old and I am not sure whether he would receive a green card if we applied before his 21st birthday. Does anyone know whether applying prior to his 21st birthday will be acceptable for consideration for a Green card?
Many thanks in advance for any help

Paul
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