MrsBriggo

Hello all,

This is my first post on here and I have tried to read all of the history to see if anyone has faced my predicament but can't find anything! (I have spent hours reading through as I know people hate questions being repeated)

My husband to be will be transferring with his company to the US in Feb on an L1 visa and after we are married in May (It has been planned for over a year so we are not changing the dates) I will apply for a L2.

I have a good job in the UK and don't want to give this up before I apply for my EAD and then manage to secure a job. I have read that some people go over to the US apply for the EAD and then go back to their home country and jobs whilst it is processed so I shouldn't have a problem with this!

However this is my question that I can't seem to find the answer to....

If I am working in the UK for my current company (I work for an American company) and they need me to go to the US on work will I have problems entering the country as I have an L2 visa but not an approved EAD?

I really hope people can help with this?

ian-mstm

An EAD is a benefit of your L-2 status... it isn't a requirement. So... will you have a problem entering the country? Likely not. Will you be able to work? No. You can *not* work on a L-2 visa without an EAD. The fact that you may have applied for one and will receive it in the future is irrelevant. No EAD = no work. Full stop. End of story.

Ian

meauxna

What status do you currently use to go the the US to do work for your American employer?

Once you have the L-2 visa, I think you have a choice about what status to enter with on a subsequent return. This would be a good question to put to your L-1's lawyer.

MrsBriggo

Hello,

I normally just go in as a visitor when I travel with work to the US, they normally ask me why I am here and I say conference etc and have no problems.

Thanks

ian-mstm

If you enter the US on an L-2 visa then that is the status you have. You can't work on an L-2 without an EAD. If you enter the US on a B-1/2 visa then that is the status you have. You can enter the US in only one status at a time. You can't mix and match!

To follow up with what Meaunxna says, you can choose which visa to use when you enter, but then you must comply with the rules of that visa. If you enter as a visitor, you must then leave the US to re-enter in L-2 status. You can *not* live in the US if you enter as a visitor. This isn't Burger King - you can't have it your way.

Ian

MrsBriggo

Maybe I am not being clear, I am applying for an L2 visa so that I can live and in the US and once I have this visa I will apply for my EAD so I can work there. (I won't work in the US until I have a visa).

The reason behind my question is that whilst the above process is going through I will stay in the UK and carry on in my old job (working in the UK, getting paid in the UK) but once I hand my notice in they will ask me to go to the US to do a handover of my role!

Therefore I am confused about if I can go to the US to do this handover?? I won't be working for a company in the US but for the UK affilliate of my company like I do at the moment!

I don't think that the US is a burger king I am trying to do this the right way.

scrubbedexpat099

Legally it sounds like you need an EAD, like you always have.

meauxna

OK, let's break it down.
From Feb to May, you keep your UK job and enter the US as a visitor, for either business or tourist activity. Most UKCs do this on the Visa Waiver Program (VWP) and are admitted for 90 days at a time. If you come for business, be very very clear about what activities you can do and that you declare that at entry. I'll assume that's what you've been doing.

After you marry, you go to the Embassy and apply for an L-2 visa. You can apply for an EAD to work in the US only after you have entered the US with the L-2 visa.
The EAD takes 2, maybe 3 months to arrive. During that time, you may leave the US and keep working at your UK-based job. If you, and your employer, know that you'll be leaving the UK job, simply time your resignation to take into account that 2-3 month timeframe for the handover.

What you need to find out is if you should be in VWB status for the handover (I would imagine so.. what if you were just resigning and didn't have an L?).
Again, make sure those activities are allowed under a VWB admission.. *you* want to know this. Your soon to be ex-employer doesn't face the consequences if the activities are not allowed.

Or, wait until you have your EAD so that you return to the US one time, as an L-2 with her EAD.

There's a lot of questions in there; I'm not telling you, just re-ordering the information.

ian-mstm

You won't work in the US until you have an EAD. I'm not trying to be difficult, but correct terminology isn't just a matter of semantics. US immigration can screw you over big time if you're not careful.


Your physical body will be in the US - that is the criterium for whether or not you're working in the US. If you enter the US using the L-2 visa, you can't work without an EAD.

Ian

MsElui

if you go over to work now on the vwp- (and its the acceptable kind of 'work' for the vwp) - couldnt you just chose to come in again as a vwp not L2 - and leave again. then enter as a L2 when your ready to settle here?

or am i missing something?

dreamercon

Actually, it appears that you are allowed to work even without an EAD if you are in L-2 status - though an EAD is surely preferred.

https://s044a90.ssa.gov/apps10/poms....0!opendocument

ian-mstm

The SSA doesn't make law with regards to eligibility to work... they only make law regarding who is eligible to receive a SS number.

Ian

dreamercon

The precise answer to the question, whether affirmative or negative should be at 8 CFR 274a.12 (A)(18) - but I haven't been able to find that section of the CFR anywhere online.