DeniseM

I am in the US with a F-1 visa and I work based on a EAD (OPT) which expires in June. I will change my status to L-2 but I am wondering what will happen with my work permit. If I change my status now and I apply for a new EAD based on my new status, does that mean I do not have work authorization while my application for the new EAD (which is based on my L-2 status) is pending because I am a L-2 and not a F-1 anymore? What are my options? Thank you!

LucyMO

until the status change has been approved or denied, you can still use your old EAD.

DeniseM

Thank you for your answer. Reading it, I realized that my question was not clear; I apologize. My idea is to go back to my home country now to get the L-2, because the change of status in the US is more complicated than just going home and get the L-2. However, if I am going home in February that will mean that the next time I reenter the U.S. in March, I will be a L-2 and not a F-1 anymore. Having the L-2, I could apply for my new EAD based on my L-2 status. However, I would like to work during the time my application for the L-2 EAD is pending and the question is can I do that based on my old EAD which is based on my F-1 status. Or in other words: although I have changed my status I would like to continue using my old EAD until I get my new EAD. Is that okay? And if not, what are my options? Shall I apply for a change of status here in the US (I-539) and apply at the same time for my EAD (I-765) hoping that both will be handled the same time so that I get my new status and my new EAD before my old EAD expires in June?

Ivonne

Denise, I am also in a similar position. Just, that I am already an L2, but I have to change to E2 (because my husbands company is changing his status from L to E in the near future). I am also going to my homecountry to get the new E-visa and will be in E status the minute I enter on that visa.

I did some research, and I am not sure, but almost 100%: as soon as your status changes, you can not go on working on your old EAD because this one is tied to your previous status. You will have to ask for a new EAD in your new status.

So, I also have to wait for my E2-EAD, which means: quitting my job for at least 3 months (thats usually how long it takes to get it) and hoping, that they will take me back after three months...
It will be a hard time for us to not have my income...

DeniseM

Ivonne, thank you so much for your answer, although of course I really do not like it and I keep thinking there must be other options than giving up our jobs!

Ivonne

I'd like to think too, that there are other options than quitting the job, but unfortunately I havn't found any. If you find one, let me know!