L-1 —> EAD, while awaiting I-130?

[karppi 6]

My spouse and I are living abroad while awaiting his I-130 approval. PD May 2021
 

There may be an opportunity for my spouse (beneficiary) to be transferred imminently to the US on an L-1 visa. However, the job is on the other side of the country from where we intend to settle. 
 

Therefore, we’re wondering whether it’s possible to enter the US on an L-1 and put in a request for an EAD once he arrives (on basis of the I-130 filling)? He can work in the L-1 job until he finds a new job closer to where we want to live after receiving his EAD. 

We are thinking of this as a backup option if the i-130 does not come by the time we expect. But also wondering if his working and living in the US, changes his initial I-130 application? Would we have to file something else and would it delay the I-130 even further?

[Chancy 6,241]

13 minutes ago, karppi said:

we’re wondering whether it’s possible to enter the US on an L-1 and put in a request for an EAD once he arrives (on basis of the I-130 filling)?

 

Unlike an L1 visa, an I-130 petition (even one that is approved) does NOT grant legal status nor lawful presence in the US.  There is no EAD category based on an I-130.

 

Edited January 10, 2022 by Chancy
clarification

[Boiler 45,525]

You would need to file an I 485 with EAD

[karppi 6]

10 hours ago, Boiler said:

You would need to file an I 485 with EAD

Yes this is what I was thinking. How long does it take for the EAD to come through?

[Boiler 45,525]

8 months?