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Work Authorization between L2 and L2 EAD.

New York, NY |

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?

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Attorney answers 3

Best Answer

1. No
2. You cannot work.

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.


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 attorney to discuss your individual case.



Hello Sir, My employer is going to stop my payroll for the time I'm going to be on L2, but without an EAD. Is that legal?


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 constitute an attorney-client relationship.