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L2 EAD working after expiration.

San Jose, CA |

My wife is working on L2-EAD which is expiring on May2014. I am on L1 and my visa and I94 expiring on May2014. I will apply for Extension for both L1 and L2 and assume that it will take for next 3-4 months to get the result
if we apply for her EAD extension also, Can she work without any hassle since its very difficult to leave the project in between. Please advise any suggestions. Meanwhile we are applying our H1B but it will be valid only from OCT1.

Attorney Answers 4

Posted

These are questions that should be posed to your employer's immigration attorney. If your employer does not have an immigration attorney, you should consider hiring your own.

Answers provided by Ksenia Maiorova, Esq. on Avvo.com are of a general nature and do not constitute legal advice.

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Posted

The EAD application can be filed along with your wife's application to extend her L2 status. In turn, the application to extend her L2 status can be filed along with your employer's L1A petition. File soon (no more than 120 days prior for the EAD application, however), and hopefully the new EAD will be issued so that there is no gap in validity between the current EAD and new EAD. However, if the current EAD expires, your wife must discontinue her employment until the new EAD is issued. Consult with your current immigration attorney for case specific advice.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.

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3 comments

Asker

Posted

Do they approve EAD if L1/L2 Extension is in progress and I am going to make it premium.

Ajay Kumar Arora

Ajay Kumar Arora

Posted

If the L1 is filed through premium processing and approved, the accompanying L2 is usually approved as well in premium processing as a courtesy by the USCIS if filed together. But the EAD will not be approved through premium processing. If you find an attorney's response helpful, please mark it as such in Avvo.

Asker

Posted

So it means, We should first get the approved L1/L2 visa extension and then only we should be eligible for apply EAD.

Posted

If the L2 extension is approved before the current EAD expires, the newly approved L2 will enable your spouse to work.

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1 comment

Alison Yew

Alison Yew

Posted

See INA 214(c)(2)(E) and also SSA (https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420#g1). Also if EAD is applied for and not approved in 90 days spouse may work.

Posted

Working without EAD is unauthorized employment.

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. You are encouraged to seek independent and private counseling for a complete review of your case.

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