question for using EAD and Advance Parole Card impact for nonimmigrant status

[SsunGuo]

I have L2 Visa and my husband has L1 Visa, 140 is approved, and filed 485 and now we are in Adjustment of status.
I have three questions:
1. could L2 EAD and 485 EAD renewal in parallel?
2. if I use 485 EAD to work, could I keep as nonimmigrant status? does it impact L2 extension?
3. if my husband use Advance Parole Card to do international travel, could he keep as nonimmigrant status?

[BluePanther]

I have L2 Visa and my husband has L1 Visa, 140 is approved, and filed 485 and now we are in Adjustment of status.
I have three questions:
1. could L2 EAD and 485 EAD renewal in parallel?
2. if I use 485 EAD to work, could I keep as nonimmigrant status? does it impact L2 extension?
3. if my husband use Advance Parole Card to do international travel, could he keep as nonimmigrant status?

1. You can extend both L2 and EAD but they are separate processes.
2. You need the EAD to allow you to work in L2 status. You will remain in non-immigrant status until AOS is approved. Once you have the green card, you no longer need the L2.
3. I think so. AP allows you to be allowed back into the US, but he remains in non-immigrant status.

PS: if it is important to have the correct answers, you should check with the company’s immigration lawyers. They should be able to confirm or correct the above answers.

[SsunGuo]

question for using EAD and Advance Parole Card impact for nonimmigrant status

for answer 2,
The policy defined in the website: https://www.uscis.gov/ilink/docView/...0-0-57820.html as below:
a dependent family member who had chosen to engage in unrestricted employment while the application for adjustment of status was pending would lose his or her H-4 or L-2 nonimmigrant dependent status. Therefore, if the principal's application for adjustment of status is denied, such dependent family members would also not be in a lawful status and could not revert back to H-4 or L-2 dependent status.

If the adjustment of status application is denied, any employment authorization granted to the alien under § 274a.12(c)(9) will be subject to termination pursuant to § 274a.14(b). Further, if the alien is not maintaining his or her H-1 or L-1 nonimmigrant status, he or she will be subject to removal proceedings.



according to this policy, I understand as below:
since I have worked during adjustment of status, I lost L-2 nonimmigrant dependent status. I can't extend L2.
Is my understanding right? could I extend L2 even I used L2 EAD or 485 EAD to work?
thanks for help

[BluePanther]

for answer 2,
The policy defined in the website: https://www.uscis.gov/ilink/docView/...0-0-57820.html as below:
a dependent family member who had chosen to engage in unrestricted employment while the application for adjustment of status was pending would lose his or her H-4 or L-2 nonimmigrant dependent status. Therefore, if the principal's application for adjustment of status is denied, such dependent family members would also not be in a lawful status and could not revert back to H-4 or L-2 dependent status.

If the adjustment of status application is denied, any employment authorization granted to the alien under § 274a.12(c)(9) will be subject to termination pursuant to § 274a.14(b). Further, if the alien is not maintaining his or her H-1 or L-1 nonimmigrant status, he or she will be subject to removal proceedings.



according to this policy, I understand as below:
since I have worked during adjustment of status, I lost L-2 nonimmigrant dependent status. I can't extend L2.
Is my understanding right? could I extend L2 even I used L2 EAD or 485 EAD to work?
thanks for help

My lawyer’s have requested extension of my wife’s L2 after we filed for AOS and she also already has the EAD. If your interpretation is correct than that would make no sense. To my understanding the lawyer extended the L2 as a fall back in case the AOS is for some reason denied.

I do agree it appears contradictory to the section you copied. I will ask my lawyer’s and see what they say.

[JosephTheDreamer]

1. could L2 EAD and 485 EAD renewal in parallel?
Yes

2. if I use 485 EAD to work, could I keep as nonimmigrant status? does it impact L2 extension?
There are difference in opinion on this question. Some say you will lose your L2 status whereas some say you will not.. So, it is better to be on the safe side and use L2 EAD.

3. if my husband use Advance Parole Card to do international travel, could he keep as nonimmigrant status?
He will lose the L1 status and you will lose your L2. He will be paroled into US if he uses his AP. And for some reason, if the AOS is denied, both of you will be accruing unlawful presence(if you are in US)

[BluePanther]

1. could L2 EAD and 485 EAD renewal in parallel?
Yes

2. if I use 485 EAD to work, could I keep as nonimmigrant status? does it impact L2 extension?
There are difference in opinion on this question. Some say you will lose your L2 status whereas some say you will not.. So, it is better to be on the safe side and use L2 EAD.

3. if my husband use Advance Parole Card to do international travel, could he keep as nonimmigrant status?
He will lose the L1 status and you will lose your L2. He will be paroled into US if he uses his AP. And for some reason, if the AOS is denied, both of you will be accruing unlawful presence(if you are in US)

Interesting. If you are correct on number 3, why would my company renew my L1/L2 AFTER we already received our Combo-cards. It seems a mute point if the L-visa lost validity.

[Enub4]

I know that when you have 2 visas (tourist and student for example) and you enter the USA you have to define which one are you using.

If you have a visa and a combo EAD/AP card, and you are AOS I think that you need to enter the USA with the combo card, and at that point you will not be under your visa status but AOS pending status (or something like that).

You can stay on your visa status if you don't do anything that changes that (basically use the EAD/AP card), my guess.

I think there are dependent visas that you can't work, if you receive EAD and start working, my guess is that you no longer be under the visa status. But I'm not a lawyer and I don't really know. At least that makes sense to me.

[BluePanther]

I know that when you have 2 visas (tourist and student for example) and you enter the USA you have to define which one are you using.

If you have a visa and a combo EAD/AP card, and you are AOS I think that you need to enter the USA with the combo card, and at that point you will not be under your visa status but AOS pending status (or something like that).

You can stay on your visa status if you don't do anything that changes that (basically use the EAD/AP card), my guess.

I think there are dependent visas that you can't work, if you receive EAD and start working, my guess is that you no longer be under the visa status. But I'm not a lawyer and I don't really know. At least that makes sense to me.

Thanks. I sent the question to my lawyers today. Let’s see what they say.