GeneralPowerpoint

My wife and I are both currently in the US on L-1 visa's.

She'd like to convert to my dependent on an L-2 so she can work for a different employer under an EAD.

As far as I can see this will necessitate her resigning from her current position, returning to the UK to apply for the L-2, entering the US on the L-2 and then applying for the EAD.

All in all we're expecting (budgeting) for her to be unable to work for 3 months or so.

Thought I'd see if anyone could surmise of an alternative plan that would minimise the break in her employment?

Hotscot

I think she can apply while still working for L1 employer.
When she gets the L2 she can stay or leave her current employer.

(I may be wrong)

TheKingOfHearts

You can have multiple valid visas at any given time, so she could remain on her L1 whilst also having an L2. Theoretically I believe she could return to the UK to apply for the L2, return to the US on her L2, apply for an EAD; then she'd have to leave again (without having worked for her employer) and return and be re-entered under her original L1 (and resume her work for original petitioning employer)

Once the EAD arrives, she'd need to re-enter again on the L2 (which would need to be reflected on her i94) and she would be able to work freely on her L2 (EAD) status.

Honestly sounds like a lot of hassle, but it should be possible, I believe.

Hotscot

Don't know if it's necessary to leave though.
https://www.uscis.gov/i-539

TheKingOfHearts

Right, you could change visas without leaving, but then you’d still have the inability to work for 3 months whilst waiting for the EAD post successfully changing to an L2..

Hotscot

Just keep working in her current job then move jobs when she gets the L2 and EAD?

(I may be talking nonsense)

TheKingOfHearts

The only way to get the L2 though would be to convert her current visa to an L2 OR via an embassy

If she was to convert the L1 to L2, she'd have to cease work immediately until the EAD arrives. (Hence causing the 3-5 month unemployment they're trying to avoid)

Having both the L1 AND the L2 would allow her to work on the L1 until she re-enters under the L2.

scrubbedexpat099

She can not convert a visa in country, she can change Status.

Big unknown is how long it will take for an EAD to come through, I have seen people post on here getting them pretty quick, others seem to be taking much much longer.

Her L2 would of course then depend on you retaining your L1.

GeneralPowerpoint

Thanks for the advice all.

Assuming she can keep both her original L-1 and L-2 visas concurrently I think we may adopt TheKingofHearts strategy of switching between the status by entering and leaving the US in order to apply for her EAD whilst maintaining her ability to work for her current employer.

Whilst it would be a bit of a faff requiring 3 trips, at least she could continue to work during the indefinite period in which we're waiting for her EAD to arrive.

When I applied for an EAD (i used to be on an L-2) it took 42 days initially and 60 when i renewed. So both substantially shorter than the quoted timescales on uscis, but nevertheless you can't be sure.

Noorah101

You can only be admitted to the USA in one category. If she leaves the USA and returns on an L2, she cannot work until she has an EAD in hand.

Two visas can be in her passport, but she can only have one status at a time. . not both.

Rene

scrubbedexpat099

I keep on seeing these long EAD times, but for Family categories, wonder if it is different for work?

GeneralPowerpoint

I'm aware of that, but I believe she could enter on her L-2, apply for the EAD, leave and then re-enter on her original L-1 in order to continue working at her original employer, as per TheKingofHeart's suggestion.