exty

Can anyone give advice as we are getting conflicting views. Our 19 year old son has accompnied us to the USA on a L2 visa. He is a snowboard instructor (hard life!!) and would really liketo work in USA, on applying for jobs that sponsor H2B visas they have all come back and said they could readily employ him with an EAD. I was of the understandign that he could not get an EAD as only the spouse of the L1 could get permission to work? Any facts out there? Thanks Mark.
Ps we love living :here

fatbrit

Yep -- kids don't get to work on the L1 ticket. Salvation would be going for the green cards -- but he's going to be too old for that soon.

BritishGuy36

Indeed....in less than two years he'll have to leave, even if you are still here.

He's the wrong age really.....too close to 21 to allow time for you all to be in the US long enough to get GCs.

Vimto

Correct in that he cannot get an EAD just yet, but there is still chance that you could get your whole family green cards via the company, before he ages out at 21 of the L1 coverage you have 'given' him. If you are on an L1A the green card applications are not taking 2 years.

MsElui

we are on L1A's and put in green card apps at the beginning of feb. 09. The lawyer expects them to be finalised in approx 12 months (barring any major problems). I got the EAD from that GC application after about 2 months - so if you applied for a GC now your kids could get an EAD in about 2-3 months.

exty

Thanks, all very useful. We are on L1A and have been advised to apply for GC after 12 months, which is Dec 09 so that should get Joe in before he is 21. It's all part of the fun of enjoying life over here!

Bob

Yeah, but if the OP is on L1B, be a bit buggered won't he....

Bob

Should have had the employers apply straight away with a kid so close to aging out...

Who knows what the situation might be like at the end of the year...

Might want to make alternate plans just in case.

Good luck.

MsElui

you dont have to wait for the year (from USCIS point of view). Because of the age issue of the son I would urge them to bring it as much forward as you can to lessen risk.

exty

We would love to apply earlier, and as this is our decision (we are the owners of the UK company that owns the US company), but have been advisd by 2 different attorney's to wait the 12 month period ( we just took it as that was the way to do things so didn't ask why), are there criteria we would need to have covered before applying?

sambapink

We were in a similar situation to you. We waited and waited to make our decision on whether to apply for the GC. Our daughter was almost 18 when we arrived here, she will be 20 in October. Almost 2 years of not working was awful for her - and the prospect of her having to go home next year when she turned 21 was not great. We applied for the GC's this year, and her EAD came through within 20 days - she is ecstatic, and we wish we hadn't waited so long!

I don't know about the waiting 12 months rule.. but if you can and it ticks all the boxes for your family, I wouldn't delay. The link below discusses the "aging out rule".


http://www.uscis.gov/portal/site/usc...0045f3d6a1____

crg

Keep in mind that the dual-intent provisions of the L and H classifications don't allow for travel without an advance parole if the L or H has used the the EAD card to work.

exty

Please can you explain the last comment as I don't understand it at all??

JAJ

In that case you probably need an attorney.

crg

Often, an H or an L who is under adjustment of status can travel without an advance parole letter. They have to be doing what H's and L's normally do. If the L1 is still working for the petitioner in the same capacity and has a valid visa and I-94, they can travel without a parole letter. If they obtain employment authorization and work somewhere else they need a parole letter to travel.

If an L2 child who normally can't work, works with an EAD, they would need an advance parole to travel out and come back.