garima

Hi,

I am in US on L2 Visa and got EAD(authorization to work). I am now being offered by my previous company to take a project in US but for that I would need L1 visa as my company policy does not permit people working on L2.
I am now confused....if I get L1 stampped, will my L2 gets invalid and wat abt my EAD?
Will it be possible that I get L1 stampped and if I dont get same location as I want then I can continue on L2 with my EAD?

I hope someone can help me.

Thanks

meauxna

You can have both visas but only one status at a time.

If you get an L-1 and enter the US as an L-1, your L-2's EAD is not valid.

I don't understand your last question. Don't get the L-1 if it's not for a job you want?

emailrob

Is it legal to have a company policy that doesn't allow people on an L2 to work?...you have a valid EAD and that is sufficient for you to pass i-9 (and everify) when you start employment.

Yes, practically they have a concern that if you partners visa is revoked you don't have a valid work visa. However if his is revoked I guess you'd go home with him anyways!

garima

Hi,

Thanks to both of your for replying me.
So, my EAD gets invalid if I get L1, right?

Rob,
I dont know its legal or not but my company people says they have this policy that people should have H1,L1 or B1 visa to work in US.
Its ok for me to leave US whenever my husband leaves it.

So, I have to decide either to get L1 or stay on L2 with my EAD....dont I have any other option?

MsElui

bear in mind - that once you have the L1 - you can only work for the sponsoring company and once the role stops - you have to leave the country. Whether or not you can simply re-enter as an L2 I dont know.

you have legal status to work as an L2 as you have an EAD. It costs the firm nothing additrional to hire you. I would really push them to accept that. If you go for an l1 and its not approved for any reason (and they are being quite sticky with L applications at the moment by all accounts - you could end up with a visa denial on your records which could just make future immigraion activity a bit more of a hassle.

meauxna

No, only if you USE your L-1.

There is also such a thing as a change of status. If you enter the US as an L-1 and then quit that company (in which case, why are you even pursuing this...) then you can file to change your status back to L-2 without leaving the US.
I don't know if your EAD remains valid, or if you have to apply for a new one after you change status to L-2.

It is not legal, if you are being hired in the US. What would they say if I walked in to apply for the same job? I don't have one of those visas.
Maybe you should gain a better understanding of their reasons and see how you could work around it. You would save them considerable amounts of money working as an L-2.


What do you mean? What kind of option? You can go get sponsored for any visa you want.
I'm not sure what the issue is.

crosscountryrider

Hello,
your L-2 is depending on a L1 which is held by your partner and therefore by
his sponsoring company.

In the case that your Partner will be laid off you will be out of status immediately. This will be a risk for your new company.

As other members stated before you will have to back to UK to file your new
L-1 visa. However you still have the option for "premium processing" for this
visa .This will reduce the the processing time dramatically.

I am not sure but I think your L-2 will still be valid even if you have your own
L1.

But there is some thing nice about this scenario. I guess in case your partner will be laid off he can also file a associated L-2 based on your visa application.

This is worth a investigation I think

Kind regards
CCR

meauxna

What exactly do you mean by this? I think you need to explain some of your statements more fully in your posts; this could really confuse someone the way it is written.

The individual can not have more than one status; people confuse the term 'valid'.

crosscountryrider

Yes I will . Sorry for eventual misunderstanding .

Here is the explanation:

I think Garima's partner is still in status and has his own L1. Garima
has a dependant L2.

If Garima files her own L1 I don''t think that her L-2 will be voided .
However if she works for her sponsoring company and her own L1 I am not sure if she can
take another job on her dependant L-2 and EAD.

But I also think in the case Garima will get laid off she doesn't need to leave the USA immediately as far her partner is still in status.
She can still stay on her L-2 and find another job unless her partner is still
in status.

But i would definitely seek attorney advise for this scenario.

Hope this eplains my thoughts.

CCR

garima

Thats what I want to know....my EAD will be valid or not.

I am from an Indian Company and they say I am on India Payroll so they cannot hire me legally to work in US on L2

Confusion is...If I get L1 visa then I will have to stay at the location where the project is....if my husband doesnot manage to relocate to that location then I will think of moving back to L2 with EAD and work independently.
I am not getting a job right now on EAD, thats y I m a little confused. Should I leave my previous company before I get a new job or should I get L1 Visa and work for that company...in that case my personal life can suffer.

meauxna

That helps, thanks.

If Garima works for her sponsoring company as an L-1, she may NOT take another job on her dependent L-2 + EAD.
That is what I was saying in terms of 'status'. She can only be an L-1 OR and L-2 at any given moment.

I agree that if she is an L-1 & gets laid off, she can likely change status to L-2 IF her partner is still in status as an L-1.

ian-mstm

You do this a lot. You say something, and then have to explain yourself in a subsequent post because what you wrote is either wrong, a half-truth, or could be misinterpreted. Why not just explain yourself in the initial post and be done with it?

Ian

crosscountryrider

Ian,
as I said I am working on this habit. Nobody is perfect.

At least i adjusted my statement. Also I am not a native english speaker

though I might overlook something.

Kind regards
CCR

garima

Thats what I want to know....my EAD will be valid or not.

I am from an Indian Company and they say I am on India Payroll so they cannot hire me legally to work in US on L2. I had talked to them...there is no work around.

My confusion is...If I get L1 visa then I will have to stay at the location where the project is....if my husband doesnot manage to relocate to that location then I will think of moving back to L2 with EAD and work independently.
I am not getting a job right now on EAD, thats y I m a little confused. Should I leave my previous company before I get a new job or should I get L1 Visa and work for that company...in that case my personal life can suffer.

ian-mstm

It's not a matter of whether your EAD is valid, it's a matter of whether or not you can actually use it... and that depends on how you enter the US. If you enter as an L-2, you can use the EAD. If you enter as an L-1, you would not be able to use your EAD. It's that simple.


Yes.


Yes... that is your choice. However, if you have an L-1 visa, your husband can get an L-2 visa and EAD and work where you are.


Sorry, but we can not make that decision for you... you must make that decision yourself.

Ian