L2 EAD to H1B COS work authorization

UPDATED: Sep 30, 2022

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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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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