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EAD vs Visa (E2)

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  • EAD vs Visa (E2)

    Hi Everyone,

    I'm currently living and working in the US via a E2 visa (provided by my current employer). Because I'm married to an american citizen, I've started an I-485 (adjustment of status) process to obtain the greencard. Although the process is still on-going, I received my EAD (that includes the travel authorization), which is a very good news but I just wanted to confirm what I can and can't do with such EAD.

    Like I said, I'm currently legally in the US thanks to my E2 visa which allows me to stay here and work for my employer. If I decide to work for another company using the EAD, I will lose this E2 visa from my current employer right? In this case, am I still legally allowed to stay in the US? Does the work authorization (EAD) automatically gives me the right to be and stay in the US? (I'm a bit confused about whether or not there is a distinction between right to enter/stay in the US and right to work in the US).
    Also, are there any restrictions associated with my EAD that are normally covered under my E2 visa? (i.e. do I need to be careful about anything specific when I decide to use my EAD and lose my E2?)

    Thanks for the help!

  • #2
    Originally posted by Nilokas View Post
    Hi Everyone,

    I'm currently living and working in the US via a E2 visa (provided by my current employer). Because I'm married to an american citizen, I've started an I-485 (adjustment of status) process to obtain the greencard. Although the process is still on-going, I received my EAD (that includes the travel authorization), which is a very good news but I just wanted to confirm what I can and can't do with such EAD.

    Like I said, I'm currently legally in the US thanks to my E2 visa which allows me to stay here and work for my employer. If I decide to work for another company using the EAD, I will lose this E2 visa from my current employer right? In this case, am I still legally allowed to stay in the US? Does the work authorization (EAD) automatically gives me the right to be and stay in the US? (I'm a bit confused about whether or not there is a distinction between right to enter/stay in the US and right to work in the US).
    Also, are there any restrictions associated with my EAD that are normally covered under my E2 visa? (i.e. do I need to be careful about anything specific when I decide to use my EAD and lose my E2?)

    Thanks for the help!
    If you work outside E2, you will lose E2 status. Yes, you can still stay in the US because you have a pending I-485, regardless of whether you have status. The EAD is only for work; it's the pending I-485 that allows you to stay in the US, and you don't need to have an EAD for that.

    This is my personal opinion and is not to be construed as legal advice.

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