Tino

Hi all,

We are planning to relocate to the US near the end of the year. I'll hopefully have my L-1A approved within the next couple of months, and my partner will then also apply for the L-2.

Ideally she would be able to work shortly after we relocate. The immigration lawyer told us that the current EAD processing time is running 3-4 months right now, so waiting until full relocation is highly undesirable.

The plan will be for us to make a first entry on the visas together in September in order to apply for SSNs and for her, also the EAD. The lawyer advised that it would be best to stay in the country on this visit for at least a couple of weeks to ensure that the relevant government databases are updated with our entries, otherwise they may submit a RFE.

However my partner is unlikely to be able to get so long off work. So I'm wondering whether this sounds feasible:

• Mid-Sept: First entry on L-2 and submit EAD application on day 1, depart back to UK after 5-7 days.
• Early to mid-Oct: Receive biometrics appointment notice (at US address with postal opening service or other contact). Contact them and request a later appointment date.
• Nov: Re-enter for biometrics appointment, depart back to UK after 2-3 days.
• Dec: Relocate.
• Jan-Feb: Receive EAD card.

Does anyone have a similar experience of this process or what a RFE may entail as a result of quick departure after submission?

Thanks!

ian-mstm

I hope your partner is also your spouse - because there's no L-2 visa otherwise.


The processing time is closer to 60-90 days. It has almost never taken as long as 4 months in the 18+ years that I've been following immigration processing.


You should wait at least 10 days after entering before attempting to apply for a SSN. You need that time to ensure that your immigration details have been entered into the SAVE system and that SSA has that info when you submit form SS-5. She can, however, apply for an EAD the day she enters the US.


There's no RFE associated with SSA (and not usually for an EAD)... but if you're not in the system, SSA will do a manual verification, and that can take 8-10 weeks. You don't want that.


With respect, this seems like a lot of pond hopping (and wasted effort) because you believe what your lawyer has said about processing times. I suggest she stay in the US until biometrics are done (usually 2-3 weeks), and then leave... and return once the EAD has been issued. Much simpler.

Ian

tht

I can only speak from my own experience of receiving for an L1 in 2010 / GC/EAD/AP in 2011, and did not have a partner so have no experience of an L2.

I did a lot of "pond hopping" or commuting as I prefer to call it, I don't see any issue with that, might be a bit harder if you are going to the west coast, but east coast to UK is easy, used to do it 2-3 times a month sometimes more.. I would recommend you look at Global Entry which also gives you access to Pre at US airports if you are planning to travel even a moderate amount as visa holders use the visitors line at all the airports I have used.

Not sure what it would be like at the office you go to for biometrics, but in NYC once I had my letter I just went on a day that suited me, i.e. I was in the country, and did a "walk in" all they seemed to care about was that I had my letter, not the date on it, so maybe if the office you plan to visit is the same that could help with logistics.

boltonreddave

First entry on L2 4th Jan 16' applied for SSN on 5th and told not in the system, all pied for EAD same day (you do not need a ssn for an EAD) Left on 8th Jan and returned 31st March, received EAD a week later. SSN also came through in the meantime despite being told I couldn't apply back in Jan

Tino

Not yet... but will be in between now and application.

That's certainly good to hear!

In this case I think we will leave SSN out of first visit, and consider EAD only. I understand the processing time for SSN typically is a few weeks?

Without doubt! However it would be to NYC so not too bad in terms of travel and much preferable than her not working for potentially 2-3 months after relocation. I appreciate it'll take time to actually land a job there anyway but at least with EAD she should be able to (legally) freelance a bit for existing clients.

That's exactly what I was hoping for! Did you not need to do the biometrics then?

NatashaB

My EAD took 4 months, so it's wise to plan financially for your partner being out of work for that long. I have heard of some people not being called for biometrics, so maybe you'll get lucky.

loubiblu

The Nebraska Servicd Center is currently taking 5+ months for EAD. I personally know of 3 L2 visa holders who applied in Oct/Nov 15 and all received the same RFE in the past 2 weeks. One got her card last week, the other 2 are still waiting.

Tino

Yikes!

What was the RFE? Do you know if they were called for biometrics and if so, when that happened in the process?

H Bomb

When I landed I applied for EAD on day 1 - I think I had my biometrics appointment letter through within a week and went for the appointment a week later. It was then 2 1/2 months until my EAD turned up.

It is hard to tell if delaying my biometrics would have delayed being issued my EAD. Based on the way everything works here I assume it would have.

But timings differ between processing centers and time of year - so it is difficult to base plans on averages.

loubiblu

Request for further evidence

All had to resubmit photos and evidence of the L1 main visa holder's status. All said that they had done this with the initial application. I can only surmise that a bunch of files went missing/separated.

No biometrics for the one who has just got her card. The others haven't been asked to do them either. I didn't have to do bio either when I applied for my card.

Tino

Interesting. Do you know if they all submitted their applications via post or online? I've read a theory that by doing via post, biometrics are less likely.

loubiblu

AFAIK form I-765 has to be mailed. You can fill it in online, but it then needs to be printed and signed. The actual mailing address depends on what state you live in. I haven't come across anyone with an L2 who has needed to do biometrics for an EAD application.