CWak

I'm currently on L2 visa with an EAD based on this visa. The EAD expires in Jan 2018.

My husband is being moved to an E2 visa - hence I'll be moving to the E2 spouse visa.

Will this invalidate my EAD? Or can I work on my current EAD whilst applying for the new EAD under the new category?

ian-mstm

I understand what you mean, but it's unlikely that he's actually getting a different visa. Most likely, he's changing status from L-1 to E-2. I don't know why he would agree to such a change, but perhaps he didn't have a choice.


Yes. Your EAD is linked to your valid status which, in turn, is linked to your husband's valid status. If he changes status, so will you and, as noted, your current EAD is linked to your current L-2 status. Once you no longer have that status, your EAD will become invalid and you'll need to apply for a new one. You can't apply ahead of being in E-2 status, but you can work on your current EAD up to the day the change is made. Assuming you apply for an EAD the day the change is final, then during the 60-90 day interim that it'll take to get the new EAD, you will not be allowed to work.

Ian

CWak

Thanks ian-mstm. Yes, unfortunately he's not being given a choice in the matter.

We're just getting confusing info from his employer's attorneys re. my situation with the EAD. I think they just want him off their back, so they said I'll be fine to carry on working with my current EAD - which I didn't believe & was thinking along the same lines as you.

ian-mstm

Perhaps it's time for him to seek new sponsorship! Sadly, this happens all the time.


In the grand scheme of things, if you were to continue working without a valid EAD it wouldn't be an earth-shattering issue... and it'd be your employer, not you, who gets into trouble if anyone happened to find out.

Ian