Regarding the process of applying EAD and SSN under L2

[Avik Dutta]

Hello friends,

I have few questions. I have planned a few steps(in the next couple of months) while applying for the EAD and SSN. Please let me know if all look good:


1. I am planning to visit US under L2 visa taking 3-4 weeks leave from my current employer (in India). Right after reaching US(within 2 days or so) I am planning to apply for SSN and EAD simultaneously. Is this fine? I mean is there any interdependency between these two while applying?

2. It is expected that I will receive SSN after 15 days post applying for the same (while I am still in US). Then I am planning to come back to India while the process for getting my EAD is undergoing. Is this fine as well?

3. Once I come back to India I put my papers and serve the notice period to my current employer and go back to the US after 2/3 months(duration of notice period of course). Within this time-frame my EAD also arrives (as expected). Sounds fine?

4. Now with NO current job in India, I start applying for jobs in the US using this EAD. Cool?

5. If I go to US under L2 visa after completing the biometric in India, is it going take place again in the US? I guess not.

6. Lastly, it seems like once I apply for EAD upon reaching US its NOT mandatory for me to be physically present there during the processing time. Am I correct?

As you all can understand I am planning all these just to diminish the unemployment time as much as I can. I don't really want to sit idle during the processing of EAD which takes about 2.5-3 months. Instead I can spend the same time serving notice period to my current employer in India. Does this plan sound good? Or is there any glitches/risks involved with this?

Please let me know at the earliest so that I can plan accordingly. Thanks a ton in advance.

Regards,
Avik

[Avik Dutta]

Please friends, I am awaiting your responses dearly. Even if you guys are not sure about all the answers for my questions, partial answer would dearly help. Please respond!

Regards,
Avik

[raghvi]

Please friends, I am awaiting your responses dearly. Even if you guys are not sure about all the answers for my questions, partial answer would dearly help. Please respond!

Regards,
Avik

Due to Biometric requirements for L2 EAD, it is advisable that you finish the Biometrics and then travel.

http://www.immihelp.com/forum/showthread.php/44558-Traveling-on-L2-Visa-when-EAD-application-is-pending

This is my opinion not legal advice.

[Avik Dutta]

Thanks Raghvi,

But in almost all cases (at least in past two years) I see that most of the L2 holders didn't have to go through the biometric test at all while being in US during the EAD processing period. Is this because,

a. Their Biometric have already happened during their L2 process while being in India?
b. Filing for EAD with normal mail (instead of online filing) ensures that biometric is not required.

Also, does process of EAD depend on if a person is on LEAVE(from his/her Indian employer of course with an existing NOC) or completely without a job. Or EAD only depends on a valid L2 visa?

Regards,
Avik

[[email protected]]

Can I continue working if L1 Visa holder go back to India.

Hi All.
I am new to this forum. I have a query regarding my visa and work status in USA. I am on L2 EAD which is valid till next year end. But my husband may have to leave this year end though his L1 visa is also valid until next year. I just started working recently. My question is can I continue working if my husband has to leave the country this year? Will my work status be valid even then?

[raghvi]

Hi All.
I am new to this forum. I have a query regarding my visa and work status in USA. I am on L2 EAD which is valid till next year end. But my husband may have to leave this year end though his L1 visa is also valid until next year. I just started working recently. My question is can I continue working if my husband has to leave the country this year? Will my work status be valid even then?

If you husband has to leave US for a long period of time then you cannot continue to stay in US on L2.

This is my opinion not legal advice.

[chan222]

L2 and EAD

Hello friends,

I have few questions. I have planned a few steps(in the next couple of months) while applying for the EAD and SSN. Please let me know if all look good:


1. I am planning to visit US under L2 visa taking 3-4 weeks leave from my current employer (in India). Right after reaching US(within 2 days or so) I am planning to apply for SSN and EAD simultaneously. Is this fine? I mean is there any interdependency between these two while applying?

2. It is expected that I will receive SSN after 15 days post applying for the same (while I am still in US). Then I am planning to come back to India while the process for getting my EAD is undergoing. Is this fine as well?

3. Once I come back to India I put my papers and serve the notice period to my current employer and go back to the US after 2/3 months(duration of notice period of course). Within this time-frame my EAD also arrives (as expected). Sounds fine?

4. Now with NO current job in India, I start applying for jobs in the US using this EAD. Cool?

5. If I go to US under L2 visa after completing the biometric in India, is it going take place again in the US? I guess not.

6. Lastly, it seems like once I apply for EAD upon reaching US its NOT mandatory for me to be physically present there during the processing time. Am I correct?

As you all can understand I am planning all these just to diminish the unemployment time as much as I can. I don't really want to sit idle during the processing of EAD which takes about 2.5-3 months. Instead I can spend the same time serving notice period to my current employer in India. Does this plan sound good? Or is there any glitches/risks involved with this?

Please let me know at the earliest so that I can plan accordingly. Thanks a ton in advance.

Regards,
Avik

Hi Avik,
Your plan seems really possible , I hope everything went fine with it
I and my wife also in similar position as you, I got my L1B visa stamped and planning to go to US in October,
my wife is working in India and she also trying to minimize unemployment time , she will now get her L2 visa stamped in India(I think that would be easy)
after that she also want to take one month leave and follow the exact plan you mentioned above,
Would be highly appreciable if you share your experience with the process any roadblocks or risks you have noticed during the process, if your timeline expecations were met exactly?

also please if you got to know any way if she can get her EAD while remaining in her current job in India itself?

[Vincy33]

EAD process for L2-spouce.

Hello Chan222, Avik !!

Seems like we all are in similar situation. I am happy to share my experience with EAD process for my wife.

Bear with me as its very lengthy post.. but I learned so many things related to immigration process and just want to share with others.

I am L1B holder valid through Dec-2017. I came to US in Sept-2014 with my old L1B visa which was about to expire on 29-Jan-2015. I got my new L1-B Blanket stamped in Ottawa, Canada on 5th Jan.( My L1 cycle got reset as I spent more than year in India within same LOB while I was holding approved L1B).

After stamping in Canada I came back to US. At POE I was expecting that new I-94 will be issued as per my new L1B Visa valid for next 3 years ( Nowadays L1/L2 stamping is issued for 5 year, PED is end of first 3 years and then one has to simply file extension to get new I-129 for next two years for Blanket Or new 797A (approval notice) for individual petition holder) .... But unfortunately my current passport was expiring in May-2016..so I got I-94 valid still passport expiry date even though visa is valid for longer duration.

Now another bouncer that passport can only be renewed if its expiring within one year ..crap... so I had to wait for 5 more months before applying for passport renewal from US. (passport renewal process is easy from US, it takes around 15 days and costs about$100). Meanwhile I had short trip to India in April-2015 for couple of weeks and spent some quality time with family ...Happy again ..... On POE immigration officer was very nice, she gave I-94 as per new visa date
I May first week I applied for passport renewal and received new passport after two weeks.
So now I was ready with new passport and I-94 valid till Dec-17 same as visa expiry .. Happy !!
( In the event immigration officer at POE wouldn't have given I-94 as per new visa, I would have to arrange travel to re-enter with new passport ... nothing is easy .... but there are some other ways to get I-94 extension after passport renewal and many forums are are available in internet)

During all these process my wife was in India working with so called renowned company She was expecting her company would find some decent opportunity for her in same city and she would join me here. But it didn't work out so we decided to get her L2 stamped in Mumbai, my company made arrangements and my wife got L2 Visa stamping done within two weeks.

Now again we were in dilemma and not able to decide whether she should quit the job in India and join me here in US and initiate EAD process. My mother don't wanted my wife to sacrifice her career and was asking me to move back to India .. lucky to have such supportive in laws

Finally we come to interim solution and she asked for 2 months vacations to her employer and negotiated with 6 weeks vacations and joined me here. After her arrival in US in June first week immediately on second day we applied for her EAD.

While her EAD was in process she started looking for possible opportunities and found few interesting ones. She is having offer in hand just waiting for EAD to be issued. ( EAD takes around 90 days). She went back to India in last week of July and now serving her notice period of three months with her company in India. She will join me again in October and start her new job

So answer to your query... YES its possible if you plane properly and execute your plans patiently off course hurdles will be there but you know way outs for same.
All the Best !! Hope you manage to get EAD for your spouse soon and live happily together !!

[[email protected]]

L1 has to go back still visa and I-94 is valid

I am in a confusing situation. Described below:

My husband (primary L1 visa holder) has to go back to India since his assignment is getting over this November. But he has valid L1 visa until nect year and I-94 valid 2016 December. I am having my EAD valid until 2016 august and visa 2017 December. I-94 is valid until 2016 December.

L1 is not going be withdrawn by his company. In this scenario can I continue working in USA till my EAD is valid? My employer said YES provided his L1 is not withdrawn.

L1 Visa details:

L1 visa valid: till 2016 August

I-94 valid : 2016 December

L2 Visa Details:

L2 Visa valid: till 2017

I-94 valid: 2016 December

EAD valid : 2016 August

In this scenario can I stay back and work till my EAD is valid? He has to go back now, if in case they find any project in USA quickly they can send him back but nothing confirmed yet.

Please reply me soon. Appreciate your response.

[abmi]

Please find my answers . It is based on my experience and not a substitute for legal opinion . I don't have a legal background.

--You can initiate the process but realistically speaking it may not be possible. Here's the reason - If you don't already have SSN -by virtue of your earlier stay in US , it takes 2-3 weeks before details flows from Customs and Border Security to reach SSN office. Once SSN Office have information about your arrival , only then can they process your SSN. Best Case scenario :2 weeks else 3 weeks before info flows in. SSN comes in 1-3 weeks after applying.

I believe , only once you have SSN in hand can you then apply for EAD. The process requires you to send quite a few documents(listed below), including SSN & I 94 and it takes MAX 90 days if you have sent all the documents correctly i.e. NO RFE . You are also required to send your I-94 (this is your travel info- Arrival and Departure from US) which will change once you go out of US and this can make situation a little tricky for you.

Ex. While in US, if you send application for your EAD, You would have sent your I 94 with number 12xxx334x which will change the moment you step out of US so in effect- the I 94 that you will send to USCIS may not be the most latest one and that may lead to an RFE. A work around could be that your husband applies for EAD once you leave US so that you submit the current I 94 but if you arrive before EAD is issued , again the information may not be current. So it is kind of complicated. And I am not even sure if one can apply for EAD while being outside of US.
Hope you are able to understand the complexity of situation and I suggest , consult a US based attorney on this or write on a forum where some attorney can answer . Only a qualified attorney can give a concrete answer that you can rely on.

These are the documents that you require at a minimum to apply for EAD
• Form G-1145
• Two color photographs
• Filing fee $380
• I-765 form
• Copy of I-94
• Copy of Passport
• Copy of US-VISA
• L1 approval notice of –(Spouse-Primary VISA holder)
• Copy of Marriage Certificate
• Copy of SSN

Primary Applicant’s Documents
• Passport Copy
• US VISA
• I-94

So , you can see some of the roadblocks. Again, i am not a legal person and it's just my opinion based on my understanding.

The description above probably answers most of the questions you have mentioned.

Hello friends,

I have few questions. I have planned a few steps(in the next couple of months) while applying for the EAD and SSN. Please let me know if all look good:


1. I am planning to visit US under L2 visa taking 3-4 weeks leave from my current employer (in India). Right after reaching US(within 2 days or so) I am planning to apply for SSN and EAD simultaneously. Is this fine? I mean is there any interdependency between these two while applying?



2. It is expected that I will receive SSN after 15 days post applying for the same (while I am still in US). Then I am planning to come back to India while the process for getting my EAD is undergoing. Is this fine as well?

3. Once I come back to India I put my papers and serve the notice period to my current employer and go back to the US after 2/3 months(duration of notice period of course). Within this time-frame my EAD also arrives (as expected). Sounds fine?

4. Now with NO current job in India, I start applying for jobs in the US using this EAD. Cool?

5. If I go to US under L2 visa after completing the biometric in India, is it going take place again in the US? I guess not.

6. Lastly, it seems like once I apply for EAD upon reaching US its NOT mandatory for me to be physically present there during the processing time. Am I correct?

As you all can understand I am planning all these just to diminish the unemployment time as much as I can. I don't really want to sit idle during the processing of EAD which takes about 2.5-3 months. Instead I can spend the same time serving notice period to my current employer in India. Does this plan sound good? Or is there any glitches/risks involved with this?

Please let me know at the earliest so that I can plan accordingly. Thanks a ton in advance.

Regards,
Avik

[09081985]

Avik, please help!

Hi Avik, Ihave similar queries as yours. Can you please help with your experience?

Thanks Raghvi,

But in almost all cases (at least in past two years) I see that most of the L2 holders didn't have to go through the biometric test at all while being in US during the EAD processing period. Is this because,

a. Their Biometric have already happened during their L2 process while being in India?
b. Filing for EAD with normal mail (instead of online filing) ensures that biometric is not required.

Also, does process of EAD depend on if a person is on LEAVE(from his/her Indian employer of course with an existing NOC) or completely without a job. Or EAD only depends on a valid L2 visa?

Regards,
Avik

[mantan09]

Taxation with regards to working with an Indian employer on a L2 visa

Hi,

My wife is an L1 B visa holder while I have secured the L2 visa. My employer has asked me to evaluate the option of working from home for them out of US. My employer is a small firm with no subsidiary/branch/office in US and this situation is new for them as well. I have to only help them with all the regulatory aspects in this matter. I have spoken to a couple of immigration attorneys who have confirmed that I can continue working with the Indian employer.
However, I am more confused about the Taxation aspect. Could anyone guide meme as to how the taxation will work if my employer were to pay my salary in INR in the NRO account? Will the income in NRO be taxable in US as well or it will be taxable in India only.

I am waiting for clarity on this aspect quickly.
Looking for fellow members to guide.

Regards,
Manik Taneja