L2 & EAD application

Old Apr 13th 2019, 12:11 am
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Default L2 & EAD application

Hi,

Apologies if this kind of question has been asked - I have searched for it but can't find anything matching my scenario.

My partner moved to the USA on an L-1 visa back in November. I stayed in the UK initially as I could not leave my job until after Christmas. We both moved here in January this year, me joining her on a B2 visa which is valid until July. After some time applying and looking for work here and being unsuccessful, we have decided to get married to allow me to work.
To add some context, we have a holiday booked to Toronto for four days in June and are travelling back to the UK at the end of July for a couple of weeks (which is after my I-94 expires anyway).
With regards to obtaining an EAD, as I am currently in the US on a B2 visa, is it possible to apply for a change of status to an L2 and my EAD at the same time or does it require me to have an L2 visa to apply for the EAD?
Secondly, if this is the case and I apply for a change of status from B2 to L2 and apply for my EAD at the same time, am I right in saying I am able to leave the US during that period to go to Canada for less than 30 days?
Finally, if I submit the change of status and EAD application and they are granted before leaving the US to go back to the UK at the end of July, is the EAD still valid upon my re-entry? I understand that when I leave the US in July I will need to go to the embassy in the UK and obtain a new L2 visa, but how does this impact with the EAD I could have obtained in the US? Do they match it up so to speak or do I need to submit a whole new application?

Apologies for all the questions and thanks in advance for any advice you are able to give - we just want to figure out what is the best way to get an EAD in this situation!

Thanks
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Old Apr 13th 2019, 12:40 am
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Default Re: L2 & EAD application

Well I do not see how you can do a COS and make your trips, you need a Visa to enter the Country.

You need to leave before your I94 expires assuming you are not doing a COS.

Begs the question how long a L2 would take to get in the UK and if 2 weeks is a reasonable expectation.
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Old Apr 13th 2019, 12:45 am
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Default Re: L2 & EAD application

She moved in November.
You both moved in January
When are you getting married?
It all depends...
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Old Apr 13th 2019, 12:56 am
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Default Re: L2 & EAD application

Originally Posted by Hotscot
She moved in November.
You both moved in January
When are you getting married?
It all depends...
Sorry - didn't make this clear! She moved in November to begin work, then came back to the UK for Christmas, then we both flew to the US in January. We got the license today so hopefully by early next week
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Old Apr 13th 2019, 12:58 am
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Default Re: L2 & EAD application

Originally Posted by Boiler
Well I do not see how you can do a COS and make your trips, you need a Visa to enter the Country.

You need to leave before your I94 expires assuming you are not doing a COS.

Begs the question how long a L2 would take to get in the UK and if 2 weeks is a reasonable expectation.
I thought I had read somewhere that during a change of status you were permitted to make trips to Canada or Mexico if they were less than 30 days, but perhaps that's not the case..
The wait times currently at the embassy are around 3 days for an appointment. I actually haven't booked my flight back to the US when we go to the UK so it could be as long as needed.
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Old Apr 13th 2019, 1:00 am
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Default Re: L2 & EAD application

Sounds like you need to move your return journey back to the UK to before when your I94 expires and apply for a L2 to return.
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Old Apr 13th 2019, 1:04 am
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Default Re: L2 & EAD application

And the COS could take months.
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Old Apr 13th 2019, 1:06 am
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Default Re: L2 & EAD application

Originally Posted by Boiler
Sounds like you need to move your return journey back to the UK to before when your I94 expires and apply for a L2 to return.
That's something that we're prepared for as that would speed up the process and would allow me to apply for the EAD when I arrive back in the USA with an L2 visa.
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Old Apr 13th 2019, 1:14 am
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Default Re: L2 & EAD application

Originally Posted by Hotscot
And the COS could take months.
Yeah, I understand that it's not a high priority for USCIS. We just want to try and get everything in place to apply for the EAD as soon as possible. If that means leaving the US before July to reapply for a new L2 visa and then start the EAD process upon return, then so be it. We don't want to be timed out so to speak!
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Old Apr 13th 2019, 2:53 am
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Default Re: L2 & EAD application

Get married get your visa and apply for EAD.
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Old Apr 13th 2019, 2:40 pm
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Default Re: L2 & EAD application

Originally Posted by Aloofsloth
we have a holiday booked to Toronto for four days in June
Why don't you apply for an L-2 on this trip? You will need to stay a bit longer (and check the consulate will accept applications from 3rd country nationals), but it seems like the easiest option. Then you'll have the visa in your passport, which you wouldn't with the COS, and can apply for an EAD before your UK trip.
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Old Apr 13th 2019, 2:53 pm
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Default Re: L2 & EAD application

I think that's a good idea.
I'd like to add more specifics but...
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