Work Authorization between L2 and L2 EAD.

I'm currently employed on H1, will be transferring my visa to L2. I'll be applying I-539 and I-765 at the same time. But still, there is a possibility that my visa change can happen first and then I might get my EAD card. I'm very concerned about the time gap after transfer to L2 and getting L2 EAD. 1) Am i authorized to work after I get L2 but waiting for L2-EAD by providing some cap-gap etc? 2) If not, Is it atleast legal to remain on the payroll of the company on L2 but without EAD?

New York, NY -

Attorney Answers (3)

J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
Answered

1. No
2. You cannot work.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
Stephen D. Berman

Stephen D. Berman

Immigration Attorney - Chicago, IL
Answered

You should wait for the EAD to work. Not sure what it means to be on payroll if you are not working.

The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
Miroslava Orduno Rincon

Miroslava Orduno Rincon

Immigration Attorney - Detroit, MI
Answered

I agree with my colleagues.

You will not be considered to be in L-2 status until the I-539 is approved.

Merely having L-2 status does not authorize you to work. You must have an EAD approval on hand in order to work and the EAD can only be approved once you are in L-2 status.

This information is provided as a courtesy based upon the limited information provided in your post and does not... more

Related Advice

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.