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L-2 EAD FAQs

L-2 EAD FAQs

 

  1. Can I renew my L-2 employment authorization before my L-1 spouse files for his/her extension?

It's possible for you to apply to extend your L-2 EAD, but if approved it would only be granted until the current expiration date of your spouse's L-1 status.  There is not much point to doing this if your spouse needs to file for an extension soon.

  1. Can my employer sponsor me for a green card while I'm working on an L-2 EAD?  Will I be allowed to extend my time in the US similar to H-1B workers?

While your employer can apply for a green card on your behalf while you're working in L-2, a pending I-140 is not a basis for extension of status for those in L status.  Your time in L-2 is tied to the primary L-1 beneficiary's status. 

  1. I'm currently working on my L-2 EAD, but my spouse is changing to H-1B, how do I continue to work when this happens?

Once your spouse changes to H-1B, you lose your L-2 status, you should file for a change to another valid non-immigrant status (most likely H-4), and, for the time being you can still apply for employment authorization in H-4. 

  1. Can I start a business with my L-2 EAD?

Yes, the L-2 EAD employment authorization is virtually unrestricted and you can accept any employment or be self-employed/run your own business. 

  1. Can I continue to work on my L-2 EAD after October 1st even if my H-1B petition is approved?

If your H-1B petition was approved for change of status then you cannot continue to work on the L-2 EAD once you are no longer L-2.  If, however, your H-1B was approved for consular processing, you can continue to work on your existing employment authorization until you take the steps to travel outside and re-enter the US on H-1B status.  So, if you did not file for change of status, it may be to your benefit to continue working on your L-2 EAD as close to your H-1B start date as you can as that time will not count towards your H-1B time.  

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