Can L2 stay in US without L1 for some days?

[ashwinidhole83]

Hi,
I have a L2 Visa and EAD to work. MY Husband needs to go to India for around 1-2 monts as he needs to get port entry(Entry on passport after landing in US) to be extended. HE will need to go to India in june and will return back in 1-2 month. I just wanted to know
1. Can I stay in US for this duration if he is not there(His L1 status is not going to change).
2. IF my company files H1 for me and if it got approved . Can i work with the my company in US without L2-EAD as my H1 will actually valid from october and can i work from that June to October period as my status will be L2 without EAD but H1 filed?
3. If I extended my EAD and after that i go to India then will that EAD be Valid ? (AS it is written on EAD that not valid for Reentry)

Request you to answer on these questions as i need it immedietely.
Thanks ,
Ashwini

[raghvi]

Hi,
I have a L2 Visa and EAD to work. MY Husband needs to go to India for around 1-2 monts as he needs to get port entry(Entry on passport after landing in US) to be extended. HE will need to go to India in june and will return back in 1-2 month. I just wanted to know
1. Can I stay in US for this duration if he is not there(His L1 status is not going to change).
2. IF my company files H1 for me and if it got approved . Can i work with the my company in US without L2-EAD as my H1 will actually valid from october and can i work from that June to October period as my status will be L2 without EAD but H1 filed?
3. If I extended my EAD and after that i go to India then will that EAD be Valid ? (AS it is written on EAD that not valid for Reentry)

Request you to answer on these questions as i need it immedietely.
Thanks ,
Ashwini

I dont understand the term "entry on passport after landing" Did he not get it done when he entered US on L1? Also, during this 1-2 Months will he be getting piad in US as he will have to prove his valid L1 status sometime in future and paystubs is one such proof.
1. For a few days or weeks L1 being outside US with L2 being present in US is fine but extended period can become an issue in future. Once your spouse leaves US he doesnot hold any immigration status hence technically you being in US at that time is considered out of status.
2. No. You need to be in valid status and with EAD to work on L2. If you dont have EAD then you cant work till the H1 becomes active from 01-Oct-2013.
3. You will have to file for a new EAD when you re enter US and you want to work.

This is my opinion not legal advice