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

New York, NY |


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



NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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8 lawyers agree


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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4 lawyers agree


I agree. Not legal.

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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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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 -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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