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Question about L2 and work authorisation

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Old Sep 12th 2005, 9:31 am
  #1  
Rk164
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Default Question about L2 and work authorisation

Hi,

My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.

In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).

On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).

He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?

Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.

Thanks in advance

rk164
 
Old Sep 13th 2005, 1:40 am
  #2  
 
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Post Re: Question about L2 and work authorisation

Originally Posted by Rk164
Hi,

My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.

In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).

On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).

He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?

Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.

Thanks in advance

rk164
Yes, you can apply for an EAD once you have arrived in the States if you're an L2 visa holder. I have this, although our teenage son (almost 17) is not allowed to...it's for spouses only. Why one Earth do the attorneys think you're unlikely to get it? Any spouse on an L2 should be able to, even if you just wanted to work as a cashier at Walmart LOL!

My husband's company attorney's (Fragomens) applied on my behalf and charged $500 for it ( a rip off LOL but the company paid for it!).
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Old Sep 13th 2005, 2:20 am
  #3  
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Default Re: Question about L2 and work authorisation

Originally Posted by Rk164
Hi,

My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.

In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).

On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).

He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?

Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.

Thanks in advance

rk164
I have an L2 visa and also have EAD. I e-filed the I-765 application (www.uscis.gov) and it cost $175.00. I then had to go and have my photo and right index fingerprinted at a USCIS service center. It is a very simple and straightforward process and if the company are not paying for it I would highly recommend doing it yourself without legal assistance.
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Old Sep 13th 2005, 2:48 am
  #4  
L D Jones
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Default Re: Question about L2 and work authorisation

rk164 wrote:
    > Hi,
    >
    > My wife has the opportunity to go and work in the US from the UK on a
    > company transfer L1 visa.
    >
    > In order to do this I would need to give up my job and look to work in
    > the US. I understand that I would get an L2 visa and would need to apply
    > for a work authorisation permit (EAD).
    >
    > On speaking to the company lawyer, my wife was told that this was not a
    > recommended way since its very unlikely that I would be granted a work
    > permit (EAD).
    >
    > He suggested that as soon as we get to the US on L1/L2 we apply for
    > greencards, and that once I have applied for a greencard I would be able
    > to get a work permit?

If one has a greencard no "work permit" is necessary. As a permanent
resident (ie, greencard holder) work is permitted without restriction
and no other documentation is required (except that to complete the I-9)
 
Old Sep 13th 2005, 7:38 am
  #5  
Rk164
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Posts: n/a
Default Re: Question about L2 and work authorisation

L D Jones wrote:
    > rk164 wrote:
    >
    >> Hi,
    >> My wife has the opportunity to go and work in the US from the UK on a
    >> company transfer L1 visa.
    >> In order to do this I would need to give up my job and look to work in
    >> the US. I understand that I would get an L2 visa and would need to
    >> apply for a work authorisation permit (EAD).
    >> On speaking to the company lawyer, my wife was told that this was not
    >> a recommended way since its very unlikely that I would be granted a
    >> work permit (EAD).
    >> He suggested that as soon as we get to the US on L1/L2 we apply for
    >> greencards, and that once I have applied for a greencard I would be
    >> able to get a work permit?
    >
    >
    > If one has a greencard no "work permit" is necessary. As a permanent
    > resident (ie, greencard holder) work is permitted without restriction
    > and no other documentation is required (except that to complete the I-9)

But what during working during the processing your application for a
greencard, since I hear it takes years?
 
Old Sep 13th 2005, 9:29 am
  #6  
L D Jones
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Default Re: Question about L2 and work authorisation

rk164 wrote:
    > L D Jones wrote:
    >
    >> rk164 wrote:
    >>> Hi,
    >>> My wife has the opportunity to go and work in the US from the UK on a
    >>> company transfer L1 visa.
    >>> In order to do this I would need to give up my job and look to work
    >>> in the US. I understand that I would get an L2 visa and would need to
    >>> apply for a work authorisation permit (EAD).
    >>> On speaking to the company lawyer, my wife was told that this was not
    >>> a recommended way since its very unlikely that I would be granted a
    >>> work permit (EAD).
    >>> He suggested that as soon as we get to the US on L1/L2 we apply for
    >>> greencards, and that once I have applied for a greencard I would be
    >>> able to get a work permit?
    >> If one has a greencard no "work permit" is necessary. As a permanent
    >> resident (ie, greencard holder) work is permitted without restriction
    >> and no other documentation is required (except that to complete the I-9)
    >
    >
    > But what during working during the processing your application for a
    > greencard, since I hear it takes years?

Sorry, I misread the original post. A person with L2 status can get an
EAD ('work permit'). I don't know how difficult this is but I personally
see no reason not to apply for it.
 
Old Sep 13th 2005, 7:16 pm
  #7  
Ingo Pakleppa
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Default Re: Question about L2 and work authorisation

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

rk164 wrote:

    > L D Jones wrote:
    >> rk164 wrote:
    >>
    >>> Hi,
    >>> My wife has the opportunity to go and work in the US from the UK on a
    >>> company transfer L1 visa.
    >>> In order to do this I would need to give up my job and look to work in
    >>> the US. I understand that I would get an L2 visa and would need to
    >>> apply for a work authorisation permit (EAD).
    >>> On speaking to the company lawyer, my wife was told that this was not
    >>> a recommended way since its very unlikely that I would be granted a
    >>> work permit (EAD).
    >>> He suggested that as soon as we get to the US on L1/L2 we apply for
    >>> greencards, and that once I have applied for a greencard I would be
    >>> able to get a work permit?
    >>
    >>
    >> If one has a greencard no "work permit" is necessary. As a permanent
    >> resident (ie, greencard holder) work is permitted without restriction
    >> and no other documentation is required (except that to complete the I-9)
    >
    > But what during working during the processing your application for a
    > greencard, since I hear it takes years?

Correct. While the I-485 application is pending, you indeed are entitled to
an employment authorization document (you have to apply for it on a
separate form). However, note that even getting to the point where the
I-485 application is filed can take a very long time.

Also, as L D Jones already pointed out, as an L-2, you can also get
employment authorization.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Sep 13th 2005, 8:07 pm
  #8  
Rk164
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Posts: n/a
Default Re: Question about L2 and work authorisation

Ingo Pakleppa (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > rk164 wrote:
    >
    >
    >>L D Jones wrote:
    >>>rk164 wrote:
    >>>>Hi,
    >>>>My wife has the opportunity to go and work in the US from the UK on a
    >>>>company transfer L1 visa.
    >>>>In order to do this I would need to give up my job and look to work in
    >>>>the US. I understand that I would get an L2 visa and would need to
    >>>>apply for a work authorisation permit (EAD).
    >>>>On speaking to the company lawyer, my wife was told that this was not
    >>>>a recommended way since its very unlikely that I would be granted a
    >>>>work permit (EAD).
    >>>>He suggested that as soon as we get to the US on L1/L2 we apply for
    >>>>greencards, and that once I have applied for a greencard I would be
    >>>>able to get a work permit?
    >>>If one has a greencard no "work permit" is necessary. As a permanent
    >>>resident (ie, greencard holder) work is permitted without restriction
    >>>and no other documentation is required (except that to complete the I-9)
    >>But what during working during the processing your application for a
    >>greencard, since I hear it takes years?
    >
    >
    > Correct. While the I-485 application is pending, you indeed are entitled to
    > an employment authorization document (you have to apply for it on a
    > separate form). However, note that even getting to the point where the
    > I-485 application is filed can take a very long time.
    >
    > Also, as L D Jones already pointed out, as an L-2, you can also get
    > employment authorization.
    >
    > - --
    > Please visit my FAQ at http://www.kkeane.com before asking a question here.
    > It may answer your question. Remember, I am strictly a layperson without
    > any legal training. I encourage the reader to seek competent legal counsel
    > rather than relying on usenet newsgroups.
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    > Version: GnuPG v1.4.0 (GNU/Linux)
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The lawyer has stated that getting an EAD based on an L2 quite likely to
be denied. This is why he has suggested filing the I-485 and getting an
EAD based off that? He says its more likely that the EAD will be granted?

Is this correct? Is it difficult to get an EAD based on L2?
 
Old Sep 14th 2005, 12:53 am
  #9  
Ingo Pakleppa
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Posts: n/a
Default Re: Question about L2 and work authorisation

-----BEGIN PGP SIGNED MESSAGE-----
Hash: SHA1

rk164 wrote:

    > The lawyer has stated that getting an EAD based on an L2 quite likely to
    > be denied. This is why he has suggested filing the I-485 and getting an
    > EAD based off that? He says its more likely that the EAD will be granted?
    >
    > Is this correct? Is it difficult to get an EAD based on L2?

I don't see why that would be the case. As an L-2 (spouse only, not for the
children!), you are automatically entitled to the EAD; the only reason I am
aware of why the EAD could be denied is that USCIS finds that you aren't
actually a spouse of an L-1. At least, that's my understanding. I would be
curious why the lawyer thinks it is likely to be denied?

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without
any legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Old Sep 14th 2005, 1:13 am
  #10  
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Posts: 17
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Default Re: Question about L2 and work authorisation

Originally Posted by Rk164
Hi,

My wife has the opportunity to go and work in the US from the UK on a
company transfer L1 visa.

In order to do this I would need to give up my job and look to work in
the US. I understand that I would get an L2 visa and would need to apply
for a work authorisation permit (EAD).

On speaking to the company lawyer, my wife was told that this was not a
recommended way since its very unlikely that I would be granted a work
permit (EAD).

He suggested that as soon as we get to the US on L1/L2 we apply for
greencards, and that once I have applied for a greencard I would be able
to get a work permit?

Can anyone shed any light on experiences or knowledge they have on this,
since I have not heard about this approach at all. From what I have read
lots of people seem to be able to get the EAD quite easily on an L2.

Thanks in advance

rk164
I am currently going through the same thing an intra company transfer also taking my husband and him obviously giving up his job but we can apply for him to work as soon as we get out there just filling out a form that we have already printed off via the USCIS site ready to apply I have been communicating via this site for a few weeks now and been told some very useful info


Elizabeth 2566
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Old Sep 14th 2005, 4:50 am
  #11  
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Default Re: Question about L2 and work authorisation

I have an L2 visa and my husbands firm applied and got my EAD for me. This was done before applying for our green cards. My husbands company pay all the legal fees for our visa's and for the visa's themselves. My only advice is to see if your wife can get a written agreement that her company will do the same for you, otherwise it could get expensive further down the road. If it were you that was moving for a job and your wife joining you I bet your company wouldnt think twice about agreeing to pay legal fees for your spouse, dont let them get away with it just because its a woman their employing.
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Old Sep 14th 2005, 5:01 am
  #12  
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Default Re: Question about L2 and work authorisation

Originally Posted by ladylisa
I have an L2 visa and my husbands firm applied and got my EAD for me. This was done before applying for our green cards. My husbands company pay all the legal fees for our visa's and for the visa's themselves. My only advice is to see if your wife can get a written agreement that her company will do the same for you, otherwise it could get expensive further down the road. If it were you that was moving for a job and your wife joining you I bet your company wouldnt think twice about agreeing to pay legal fees for your spouse, dont let them get away with it just because its a woman their employing.
It's my husband who is the L1 and his company did not pay for my EAD. They did pay for our visas and lots of other extra things so paying $175.00 for my EAD didn't really bother us.
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Old Sep 27th 2005, 5:59 pm
  #13  
Jonathan McNeil Wong
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Default Re: Question about L2 and work authorisation

Ingo Pakleppa (see Web site for email) wrote:
    > -----BEGIN PGP SIGNED MESSAGE-----
    > Hash: SHA1
    >
    > rk164 wrote:
    >
    >
    >>The lawyer has stated that getting an EAD based on an L2 quite likely to
    >>be denied. This is why he has suggested filing the I-485 and getting an
    >>EAD based off that? He says its more likely that the EAD will be granted?
    >>Is this correct? Is it difficult to get an EAD based on L2?
    >
    >
    > I don't see why that would be the case. As an L-2 (spouse only, not for the
    > children!), you are automatically entitled to the EAD; the only reason I am
    > aware of why the EAD could be denied is that USCIS finds that you aren't
    > actually a spouse of an L-1. At least, that's my understanding. I would be
    > curious why the lawyer thinks it is likely to be denied?
    >
    > - --
    > Please visit my FAQ at http://www.kkeane.com before asking a question here.
    > It may answer your question. Remember, I am strictly a layperson without
    > any legal training. I encourage the reader to seek competent legal counsel
    > rather than relying on usenet newsgroups.
    > -----BEGIN PGP SIGNATURE-----
    > Version: GnuPG v1.4.0 (GNU/Linux)
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The OP should tell his lawyer to read INA section 214(c)(2)(E).

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 URL: http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============
 

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