Mkv7

Does an L2 visa holder need an AP to re-enter if they have applied for a
greencard + EAD concurrently?

I understand that AP is not needed if L2 has applied for only greencard.
But am unsure if this changes when EAD is applied for or received?

I have found one website which says AP is needed. But no others.

Also can you enter US on L2, apply for GC+EAD and then leave and return
back in 2-3months when EAD has been processed?

Thanks a lot

mk

Elvira

AFAIK you only need AP once the EAD has been activated, i.e. once you start working.

Kevin Keane

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mkv7 wrote:

    > Does an L2 visa holder need an AP to re-enter if they have applied for a
    > greencard + EAD concurrently?
    >
    > I understand that AP is not needed if L2 has applied for only greencard.
    > But am unsure if this changes when EAD is applied for or received?

Receiving an EAD does not change this for an L-2.

    > I have found one website which says AP is needed. But no others.

I think the misunderstanding might come from the fact that an L-2 and H-4
are different in this specific respect. An H-4 who receives an EAD can
still travel with the H-4 visa, but if he actually starts using the EAD to
work, he would then have to use Advance Parole instead.

    > Also can you enter US on L2, apply for GC+EAD and then leave and return
    > back in 2-3months when EAD has been processed?

Yes.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Mkv7

Kevin Keane (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
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    >
    > mkv7 wrote:
    >
    >
    >>Does an L2 visa holder need an AP to re-enter if they have applied for a
    >>greencard + EAD concurrently?
    >>I understand that AP is not needed if L2 has applied for only greencard.
    >>But am unsure if this changes when EAD is applied for or received?
    >
    >
    > Receiving an EAD does not change this for an L-2.
    >
    >

Does using an EAD change this for an L-2?

Thanks

mk

Kevin Keane

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mkv7 wrote:

    > Kevin Keane (see Web site for email) wrote:
    >> -----BEGIN PGP SIGNED MESSAGE-----
    >> Hash: SHA1
    >>
    >> mkv7 wrote:
    >>
    >>
    >>>Does an L2 visa holder need an AP to re-enter if they have applied for a
    >>>greencard + EAD concurrently?
    >>>I understand that AP is not needed if L2 has applied for only greencard.
    >>>But am unsure if this changes when EAD is applied for or received?
    >>
    >>
    >> Receiving an EAD does not change this for an L-2.
    >
    > Does using an EAD change this for an L-2?

No. The reason is that an L-2 is allowed to work using an EAD anyway.

An H-4 is not allowed to work at all. Therefore, using the EAD would
terminate the H-4 status. That's why she'd need to use A/P.

An L-2 continues to be an L-2 even with working, so no problem. It shouldn't
matter whether you use the EAD that comes with the L-2 or the one you got
from your AOS.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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