Legal to be employed when on L2 but without an EAD?

Asked about 1 year ago - New York, NY

Hello,

I'm currently working with a company on F1. Changing my status to L2 in next couple of months.

My employer is asking me to be employed but will stop my payroll for the time when I'll be on L2 without EAD. Once I get L2-EAD has assured that the payroll will be resumed.

My questions,
1) Is it legal to be employed with a stopped payroll when on L2 "but without EAD" ? This means, I'll be working without a pay or will avail unpaid leaves.

2) Is resigning, once on L2, and then joining in as a new employee after getting an EAD an ideal way?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . ILLEGAL

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . No, that is not legal!

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Ji Min Kim

    Pro

    Contributor Level 14

    4

    Lawyers agree

    Answered . I agree. Not legal.

  4. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . To work as as L-2, you must have a valid EAD.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  5. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 1. No, if you don't have an EAD you can't work ... not even as an unpaid volunteer.

    2. Ideal for what? This isn't really an immigration questions, it is more of a payroll management question.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting... more

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