L1 to L2-EAD

[sub1976]

Myself and my wife are on L1 Visa. We would like to continue staying here and I would like know is you see any issue with below scenario:

My assignment ends Dec.

1. I apply for COS through my wife's company (premium processing) around 1st week of Dec. Expect to get the status by Dec end (matches by assignment end date)
2. Apply for EAD
3. Go back to India and resign from my company and serve notice period of 1-3 month.
4. Come back to US once EAD is approved
5. Search for job/project here. Change to H1 as with project, SOW, client letter I will have min chance of rejection.

- I do not wish to terminate my current job hastily and want to exit properly with notice period (it is 1-3 months). At the same time being in India, I can get some job offers to that I am secured.


Please advise if this is good approach or any other suggestion would be very helpful

[Subramanya]

Myself and my wife are on L1 Visa. We would like to continue staying here and I would like know is you see any issue with below scenario:

My assignment ends Dec.

1. I apply for COS through my wife's company (premium processing) around 1st week of Dec. Expect to get the status by Dec end (matches by assignment end date)
2. Apply for EAD
3. Go back to India and resign from my company and serve notice period of 1-3 month.
4. Come back to US once EAD is approved
5. Search for job/project here. Change to H1 as with project, SOW, client letter I will have min chance of rejection.

- I do not wish to terminate my current job hastily and want to exit properly with notice period (it is 1-3 months). At the same time being in India, I can get some job offers to that I am secured.


Please advise if this is good approach or any other suggestion would be very helpful

---- NOt a problem with any of the issues as long as everthing is within the legal framework. While applying for EAD ensure that the principal applicants L1 is valid at least for 1 year. Otherwise the L2 EAD will be only for a few months and you have to reapply again and wait till the EAD is approved before taking up the job

Subramanya

[sub1976]

Thanks Subramanya.

One more clarification - Are you refering to L1 Validity (valid till 2016) or 194 (valid till Aug 2012)

[sub1976]

One more follow-up question. The only issue in terms of being staying in legal framework would be that I maintain the right status. Ex: if L2 is approved, I should no longer be working for the my company on L1 in US... Is there anything else I need to be careful of.

[kabkaba]

L2 is tied to your spouse and not any employer. So if/when your spouse stops maintaining L1 status, you must stop working and leave the US too.
In general COS takes 2 months for the decision, you must submit proof of previous status, proof of relationship and proof of spouse's current status. COS and EAD can be applied together and spouse's employer need not be involved.

[sub1976]

Hello Kabkaba -

I am bit confused. Are you saying I can change my status to "L2" through COS without any help from my wife (L1) employer? Do I just need to fill I-539 and submit to USCIS?

[shervin143]

Yes. Like mentioned in the previous reply, L2 doesn't have anything do with your spouse's (L1 holder) employer. L2 completely depends on L1 maintaining the valid status. You can file form I-539 to file a COS from L1 to L2 (based on your spouse's L1 petition).

The below link contains the documents required for filing the COS to L2

http://www.immihelp.com/forum/showthread.php?t=78284

Btw, there is no premium process available for L2 (wrt to your first question in this thread.)

I am bit confused. Are you saying I can change my status to "L2" through COS without any help from my wife (L1) employer? Do I just need to fill I-539 and submit to USCIS?

regards
Subeed

[sub1976]

Thanks for the quick reply. And at the same time along with COS, I can submit I-765 for EAD. This is really great info. Thanks a ton!

Few last questions :

My assignment on L1 is ending Dec 2010

1. What happens if my COS is still pending by Dec. Do I need to return to India?

2. What if status get approved earlier than dec 2010? Do I need to stop working on L1 immediately?

[shervin143]

1. What happens if my COS is still pending by Dec. Do I need to return to India?
>>> No. The period between applying for the COS to L2 and the time until the decision is made is called as period of authorized stay. You can continue to stay in U.S during this period. If the COS to L2 gets denied, then you need to leave the country immediately.

2. What if status get approved earlier than dec 2010? Do I need to stop working on L1 immediately?
>>> There will be a effective date on the approval notice. Effective that date, you can no longer work in L1 status.

[kabkaba]

If COS and EAD are both approved together, you can actually continue working for your L1 employer since EAD allows for employment, but not otherwise.

[sub1976]

dear kabkaba and shervin143

This is invaluable advise/guidance...Now I am aware of several possibility...Appreciate it a lot!

Thanks a lot again!