E2 -> L2 and maintain EAD

[bomrulz 0]

Hi,

I am currently working in the USA on an E2 Visa and my wife has the E2 spouse visa. She has an EAD and is also working.

My employer now needs to change my Visa from E2 to L1B. So my wife will also need to change her dependent Visa to L2. After changing to this new Visa, what will happen with my wife's existing EAD? Will it remain valid until she gets a new EAD for which she will apply immediately after obtaining the L2? As this will take 3-4 months, she can't afford to be without valid EAD to keep her job.

Thanks!

[aussie_jason 195]

I *think* she would need to concurrently file an I-539 to change status to L2 and an I-765 for a new EAD under the L2, which is inevitably going to lead to a timing issue.

[bomrulz 0]

The question remains, is her old EAD still valid until getting the new one?

[Boiler 45,525]

Hew E2 Status is dependent on yours, so when your E2 finishes so does hers.

Do you nit have a Lawyer handling this?

[bomrulz 0]

Yes, we have a lawyer. He recommends that my wife applies for the L2 Visa through I-539 as soon as I have my L1. She concurently files her I-765 for the EAD. Yes, there will inevitably be a gap between the time her L2 is approved and when she gets her new EAD. However, the lawyer argues that her old EAD would remain valid based on the following:

8 CFR 274a.14(a) there is no automatic termination of employment authorization through change of visa status. Rather according to 8 CFR 274a.14(b), it can only be revoked by written notice of the district director when there is a change in status.

So she could remain legally employed unitil she receives such notice. This might not even be very likely and according to the lawyer has never happened in his experience.

Any thoughts?

[Boiler 45,525]

Realistically it is the Employer who has the issue.

[aussie_jason 195]

How is an E2 to L1B transfer going to work anyway? L1A would seem more appropriate but even then how is it an intracompany transfer if the employee is already working in the US?

[bomrulz 0]

The transfer to L1B doesn't seem to be a problem from E2. Reason is my company has changed ownership which doesn't qualify for E2 anymore. Anyhow, that is for the lawyers of my company to worry about, they are changing dozens of E2s.

But I just can't get a clear understanding in regards to the EAD of my wife. Everywhere on the internet you read that with status change your EAD is automatically invalid. However the lawyers of my company say that is not true based on the law in regards to revoking the EAD as I posted. It just seems like a loop hole, but I don't know if I risk being unlawfully employed even if my EAD is not revoked by said process.