Immigration Issues/L2 and EAD and H1B

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Question
I am working on L1-B visa in U.S for the past 18 months. I got maried recently and I am trying to bring my wife to U.S on L2. My company is processing L2 for my wife. In the DS-160 form, we have mentioned that she would not be working in U.S. Her company is planning to send her on H1-B towards the end of 2011. In this case, can she get an EAD after she comes to U.S given that we have mentioned that she won't be working in U.S. Will this hamper her H1-B approval later? Please advise.

Answer
Hi,

EAD application will be filed with the USCIS by your wife when she is in the U.S. There is no problem in being issued the EAD, and she can apply for EAD immediately after entering the U.S. if desired no matter what was stated on the DS-160 about employment intentions.

There will also be no problem in changing status from L2 to H1B later if a company files an H1B petition for her in the future, although it is generally recommended to wait at least 30 to 60 days after entry to change status from one nonimmigrant status (such as L2) to another (such as H1B).  

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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.

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