My spouse is currently applying for L1B visa. I was wondering if I can apply EAD card before her visa get approved? If not, when is the earliest day I can apply for EAD and how long it usually take before I can get my EAD approved?
1. " I was wondering if I can apply EAD card before her visa get approved?" No, certainly not - your L-2 status (and eligibility for EAD) is directly dependent on your spouse holding valid L-1B visa/status first.
2. Can apply for L-2 status at the same time as your spouse's L-1 application. EADs are currently taking 3-4 months to get approved, but in this case your COS to L-2 must be approved first (4-6 months), with the EAD following a few days or weeks after that.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and 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.
The L2 spouse may include an L2 and EAD application with the employer's L1 filing if in the US. If not in the US, the L2 spouse would obtain the L2 visa and on admission to the US apply for the EAD. EAD processing is about 5 months at this time.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
You are to maintain the status pursuant to which you can seek benefits.
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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