You are here:

Immigration Issues/H1 to L2 and requirements for EAD

Advertisement


Question
Mr. Ajay

Iam on H1B status from Oct 1st 2008, but recently I lost my job. Before going onto H1B I was on L2 and had a EAD valid upto 13th Oct 2008. Now Iam planning to shift to L2 visa as my wife is on L1. I know i need to apply I539 form for COS. But how soon can I apply for EAD. Do I need to get approved COS or will LIN number be enough for applying for EAD. Also does having a previous EAD helps you to receive your new EAD in less than 90 days.

Answer
Hi,

The I539 form should be filed as soon as possible since there can be violation of H1B status if you are not employed by the H1B employer. It is fortunate that your wife is in L1 status, and thus you have the option of changing status to L2 status. Also, as you already know, you are eligible for employment authorization in L2 visa status.

The EAD (employment authorization document) application can be filed only when L2 status is granted (when change of status to L2 is approved) by the USCIS. Our experience has been that it is currently taking about 2 months for EAD to be issued after filing I765 form.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.