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Gap in L2 EAD Renewal

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  • Gap in L2 EAD Renewal

    Hi,
    My spouse had EAD on L2 Visa, which got expired while she was working with an employer. We started the renewal process before it got expired and due to a RFE the process got bit delayed and the new EAD has start days is after 15 days the old EAD expired. She was working during all these days, now the employer is not paying for those days she worked. I wanted to know if the employer has the right to hold the salary for those 15 days of work.
    Thank you,

  • #2
    Originally posted by visuala View Post
    Hi,
    My spouse had EAD on L2 Visa, which got expired while she was working with an employer. We started the renewal process before it got expired and due to a RFE the process got bit delayed and the new EAD has start days is after 15 days the old EAD expired. She was working during all these days, now the employer is not paying for those days she worked. I wanted to know if the employer has the right to hold the salary for those 15 days of work.
    Thank you,
    If for some other reason there was a gap between EAD Expiry and new EAD effective date and your spouse did not have a valid EAD for those 15 days, she was not supposed to work for those 15 Days and if she did work , getting paid for them will be illegal. Maybe thats why the employer is not willing to pay.

    This is my opinion not legal advice.

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    • #3
      Gap in L2 EAD Renewal

      Yes but we did not knew there would be a gap.. As it was under renewal process.

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