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Business Trips whilst awaiting EAD

Business Trips whilst awaiting EAD

Old Feb 16th 2017, 11:12 am
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Default Business Trips whilst awaiting EAD

Quick question I had regarding my ability to make business trips to the US whilst awaiting my EAD.

I entered the US as an L-2 in January, filed my EAD application and returned to the UK a few days later.

I'm continuing to work for my UK employer for the next couple of months whilst I wait for that EAD to arrive, at which point I will transfer to the NYC office.

Usually in the course of my job I would make business trips to NYC under the VWP. About once every couple of months or so.

It has occurred to me that during this period whilst I await my EAD I can not make one of these business trips, as I'm assuming I would struggle to enter on the VWP because I have a valid L-2 in my passport, and I cannot enter on my L-2 for the purposes of a business trip because I'm not yet authorised to work.

Would that be a correct assumption?
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Old Feb 16th 2017, 12:51 pm
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Default Re: Business Trips whilst awaiting EAD

I was in a similar position last year and had no issue at all entering on my L2 for my business trip. I was working for a UK company at the time.
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Old Feb 16th 2017, 1:29 pm
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Default Re: Business Trips whilst awaiting EAD

Oh, did you state you were entering for business when you arrived?
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Old Feb 16th 2017, 1:36 pm
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Default Re: Business Trips whilst awaiting EAD

Originally Posted by GeneralPowerpoint View Post
Oh, did you state you were entering for business when you arrived?
You have a valid L-2 visa. Unless you're specifically asked whether you're entering for business, you aren't obligated to volunteer that information. That said, there's no reason you can't enter under the VWP. One doesn't preclude the other.

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Old Feb 16th 2017, 1:48 pm
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Default Re: Business Trips whilst awaiting EAD

Originally Posted by ian-mstm View Post
You have a valid L-2 visa. Unless you're specifically asked whether you're entering for business, you aren't obligated to volunteer that information. That said, there's no reason you can't enter under the VWP. One doesn't preclude the other.

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I was thinking specifically about the reason for visit on the landing card.

If it's going to avoid faffing with an immigration officer at border control trying to explain why I want to enter on VWP despite having an L-2 in my passport I'll just enter on the L-2.

I just don't want to get myself deported in the unlikely event I'm discovered in a meeting room at my company's NYC office without an EAD.
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Old Feb 16th 2017, 2:42 pm
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Default Re: Business Trips whilst awaiting EAD

Originally Posted by GeneralPowerpoint View Post
I just don't want to get myself deported in the unlikely event I'm discovered in a meeting room at my company's NYC office without an EAD.
I don't want to get myself killed, so in the unlikely event that a train hits my car, perhaps I shouldn't drive it today! If it makes you feel better, use the VWP. Unless the CBP officer specifically asks you, you aren't required to volunteer information. Lots of people have a visa in their passport and also use the VWP. I'm not entirely sure why you think it's going to be an issue.

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Old Feb 16th 2017, 2:48 pm
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Default Re: Business Trips whilst awaiting EAD

Originally Posted by ian-mstm View Post
I don't want to get myself killed, so in the unlikely event that a train hits my car, perhaps I shouldn't drive it today! If it makes you feel better, use the VWP. Unless the CBP officer specifically asks you, you aren't required to volunteer information. Lots of people have a visa in their passport and also use the VWP. I'm not entirely sure why you think it's going to be an issue.

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The only inconvenience I see is that if the EAD arrives and OP wants to stay and work then he/she will need to flagpole to change to L-2 status.
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Old Feb 16th 2017, 4:58 pm
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Default Re: Business Trips whilst awaiting EAD

Originally Posted by ian-mstm View Post
Lots of people have a visa in their passport and also use the VWP. I'm not entirely sure why you think it's going to be an issue.
I wasn't aware lots of people have a visa in their passport and also use the VWP, which is why I imagined it might be a problem.

But thanks for clarifying.
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Old Feb 16th 2017, 5:17 pm
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Default Re: Business Trips whilst awaiting EAD

But as entering the US for "business purposes" isn't working and is allowed under the VWP and B-1 visa, I don't see a problem in a business trip to the US even if you (re)enter on your L-2 visa.
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Old Feb 17th 2017, 5:44 pm
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Default Re: Business Trips whilst awaiting EAD

I used my L2 and stated business trip, no issue wit her CBP at all.
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