When should I apply for a L2 status? 3 Answers as of November 03, 2011

You may do either. Whichever you prefer.

The wait depends on the country of birth since it is based on whether or not a visa is available. The visa bulletin for 1st preference ranges from 7/22/2004 (All Chargeability, India and China) to February 8, 1997 (Philippines) and April 1, 1993 (Mexico). This would be based on his father filing an I-130 immigrant visa. Also, there is no "day for day" movement of the bulletin. It can stall or jump forward at any time to use the 23,400 visas available annually. The brother would have to independently file for a work authorized status, such as H-1B 'specialty occupation' or E-2 investor. There is no Employment Authorization Document available while waiting for visa availability.

You can travel to the United States on a B1/B2 non-immigrant visa, but the Immigration & Customs Enforcement can either deny you admission due to the late-term of your pregnancy or only allow you admission for a brief period of time. If you are granted admission, your I-94 will typically state you cannot have a change of status and/or extension of status. As such, you may not be able to maintain lawful immigration status before filing for the L2 visa. This could have severe repercussions on whether you are granted an L2 non-immigrant visa. If you are denied admission, you are summarily deported from the United States and subjected to a five year bar to readmission, which means you may not be eligible for an L2 visa.