L2 & EAD application
#1
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Joined: Apr 2019
Location: NYC
Posts: 5
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
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
#2
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Joined: Mar 2004
Posts: 2
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.
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.
#3
Re: L2 & EAD application
She moved in November.
You both moved in January
When are you getting married?
It all depends...
You both moved in January
When are you getting married?
It all depends...
#4
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Joined: Apr 2019
Location: NYC
Posts: 5
Re: L2 & EAD application
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
#5
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Joined: Apr 2019
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Posts: 5
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.
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.
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.
#6
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Joined: Mar 2004
Posts: 2
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.
#8
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Joined: Apr 2019
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Re: L2 & EAD application
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.
#9
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Re: L2 & EAD application
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!
#10
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Joined: Mar 2004
Posts: 2
Re: L2 & EAD application
Get married get your visa and apply for EAD.
#11
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Joined: Apr 2010
Posts: 1,156
Re: L2 & EAD application
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.