L2 EAD to H1B COS work authorization

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

L2 EAD to H1B COS work authorization

My spouse originally had H1B visa and she worked on H1b for a year or so. Later, She went to India and got L2 visaas I was working in L1 visa. She started her job with L2 EAD . Since I had to come back to my country, she applied for change of status from L2 to H1B. She has already received the receipt number from USCIS before her L2 expiry. Can she work now based on the receipt number from USCIS, since her L2 EAD is expired and H1B is not yet approved? Is there any way to check the legality of work status? Her employer has mentioned that she cannot work as her L2 EAD is expired?

Asked on August 20, 2017 under Immigration Law, Iowa

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

no she cannot work until the H-1B is approved because it is not a transfer petition but a change of status and she cannot work until the change of status is approved.  If the L-2 EAD expires before the H-1B is approved, she would have to go off the payroll until the H-1B is approved.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption