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Can I continue to work with valid EAD (by L2 visa) even my spouse (L1) left USA?

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  • Can I continue to work with valid EAD (by L2 visa) even my spouse (L1) left USA?

    My wife is working in USA with L1 visa, and I am working with EAD for L2. Currently she is in USA but due to her parents issue, she decided to leave the USA and go back to the same company in home country in November. I strongly hope to continue working with current company. Can I do that? Is there problem with staying in USA with L2 visa even L1 visa holder left USA?
    One more question is that can I request to change my status from L2 to H1 or any other one? If yes, how?
    Best regards.

  • #2
    L2 validity is predicated on the validity of L1. So, if L1 leaves, L2 would cease to be valid. Hence, you cannot work.
    Regarding change of status from L2 to H1: Your employer needs to file for H1 just like anyone else (i.e., go through the lottery). If your H1 gets picked, and approved, then you can file for COS. Since, this is not possible before Nov, you have no option but to leave the country. The next cycle for H1 applications will be in 2018 April, and if approved, you can start working from Oct 2018.
    Just an opinion; Not legal advice.

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