Can i work on L2EAD while i485 is pending

[droiddee 0]

I came to US on L2 (valid till March 2014). Started working on L2 EAD. Employer filed for GC for my spouse in March this year. I filed i485 with him but didnt file EAD at that time, assuming i485 for both will be approved together. My husbands i485 got approved but mine is still in pending. He is still working with same employer who sponsored L1. I am wondering about my status. I have applied now for EAD under i485 and received receipt notice. To summarise, I have L2 based EAD valid till March 2014, pending i485 for me but approved for my spouse. What is my status? Is it L2 or AOS pending. Can continue working on L2 EAD till then. I am confused. Please advise

[Harpa Timsah 13,258]

You can continue to work on your L2 EAD.

[Penguin_ie 5,997]

***Moving from AOS from Family Visa to AOS from Work Visa ****

[hmh33 117]

Do you have justification for that, Harpa? It seems to me that the EAD is based on the L-2 status, which is based on the L-1 status, which no longer exists. I'm far from certain though. OP could try checking her employment eligibility with the e-verify self-check website.

[grrrrreat 109]

Do you have justification for that, Harpa? It seems to me that the EAD is based on the L-2 status, which is based on the L-1 status, which no longer exists. I'm far from certain though. OP could try checking her employment eligibility with the e-verify self-check website.

Harpa is right:

For purposes of section 245©(8) of the Act, an alien is not considered to be engaged in unauthorized employment while his or her properly filed adjustment of status application is pending final adjudication, if:

· The alien has obtained permission from USCIS to engage in employment based on his or her pending adjustment of status application and such authorization remains valid; or

· The alien had been granted employment authorization prior to the filing of the adjustment of status application and such authorization does not expire while the adjustment of status application is pending.

Adjudicator's Field Manual 23.5(d)(4)(B)(ii)

[hmh33 117]

Nice find!