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Work Authorization on L2 visa.

New York, NY |

I joined a US company on F1-visa and now planning to change it to L2-visa. I already know that although L2 is work permit visa it needs EAD as a work authorization document, same as F1.

My query is,
After successfully changing my visa from F1 to L2, there is a brief period of time where I'll be on L2 visa and I will be waiting for my EAD to arrive.

Is it legal if I take a leave without pay and be on payroll of the company in that time?
If not, What is the ideal way to deal with this situation?

Attorney Answers 4

Posted

As an L2, you can only work if you have your EAD.

IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on Avvo.com are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website: http://www.superlawyers.com/about/selection_process.html.

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Posted

You must have an EAD to be employed as an L-2.

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Posted

I agree with my colleague. It is only legal for you to work with the employer once you have your EAD.

Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does not constitute legal advice. It does not create an attorney-client relationship.

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Posted

Whether you can take leave without pay depends on company policy.

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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