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L1B Visa and L2 Visa with EAD Query ? Can my wife on L2 Visa and EAD continue to work in US while i am gone to India ?

Irvine, CA |

Hi, My name is Raj and i am working in US on an L1-B Visa and my wife on L2+EAD. Our L1's visas expired in 2012 but we both have a valid I-94 valid till April 2014. My wife has a valid EAD till 2014 too. Now, my company wants to file a new visa for me from India, rather than renewing the existing one. My questions are :

1. Can my wife stay in US and work in my absence , while I go to India to get my new Visa.
If she cannot work can she at least stay in US ?
2. If I get my new L1 visa what will we have to do for her EAD? Can she start working immediately after she re-enters US with existing EAD or some renewal or new application for new EAD will be required ?
3. We are also filing a H1-B visa for her. So from October onwards can she switch between L2 EAD and H1B ? - Thanks

Attorney Answers 3

Posted

(1) Generally, L-2 status is valid only if the dependent is accompanying or following to join the principal beneficiary in the United States. "Parking" (actual term used by the USCIS) of L-2 dependents is not permitted while L-1 principal is stationed outside US, however, if your absence from the US is for a brief period and just for obtaining an L-1 visa, your wife can stay and work in the US.
(2) Yes, she can use the existing EAD if you are coming to work for the same employer.
(3) Yes, if her prospective employer files for change of status from L-2 to H-1B.

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Posted

Thanks Rajesh. Appreciate your help. I got my answers.

Posted

1) I agree with Rajesh. He has perfectly summed it up.
2) Yes, she was work a long as the EAD is valid
3) She can switch only if change of status is approved towards each filing. For H-1B the employer will seek COS by filing the I-129 petition and upon approval she will join H-1B employing petitioner and when she wants to switch back to L-2 she will filed I-539 and upon its approval seek EAD to work.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Posted

Thanks Tripti.

Posted

I agree with my colleagues

Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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