L2. Visa EAD card

[Abbi Hannides]

Super confused!

I have my L2 visa and want to apply for my EAD card, I did not enter on my L2 visa when coming into the US this time round,can I still apply or do I need to wait until I enter on that visa?

I also have a previous SSN which has a work restriction on it do I need to reapply again?

Yes very complicated and confusing!

Thank you for any help and suggestions

[raghvi]

Super confused!

I have my L2 visa and want to apply for my EAD card, I did not enter on my L2 visa when coming into the US this time round,can I still apply or do I need to wait until I enter on that visa?

I also have a previous SSN which has a work restriction on it do I need to reapply again?

Yes very complicated and confusing!

Thank you for any help and suggestions

What is your current immigrant/non immigrant status? That is on what visa did you enter US? Did you apply a Change of Status while in US?

[Abbi Hannides]

I entered on my esta as I'm still currently working my job back home

[raghvi]

You would need to do a COS to L2 before applying a EAD. You can also apply the COS as well as EAD together. There are restriction on doing a COS while on ESTA would advise to check with your immigration attorney.

This is my opinion not legal advice.

[raghvi]

Found this:

https://esta.cbp.dhs.gov/esta/WebHelp/ESTA_Screen-Level_Online_Help_1.htm

Are there disadvantages to using the Visa Waiver Program?
Before using the Visa Waiver Program, be aware of the following conditions that apply and carefully consider your options:

If you are admitted to the United States under the Visa Waiver Program, you may not change or extend your non-immigrant status.

This is my opinion not legal advice.

[Abbi Hannides]

Great!, thank you, although I am giving my job up in the uk, does the COS still apply?

[raghvi]

Firstly, I dont think you are allowed to work on US soil while on ESTA/VWP. In order to work you need to be on H1/L2 EAD or EAD through GC.
Secondly, even if you resign the job in UK, you still are on ESTA/VWP while in US.

So if your intent is to move to L2 status , yes a COS should be done, but I cant say if you are eligible to do a Change of Status from ESTA/VWP to L2 . As per the link I posted earlier you cannot.

So, to be safe, if you want to move to L2, leave US, and re enter on your valid L2 visa.

This is my opinion not legal advice.

[Abbi Hannides]

Great, got it, when I come back next month I'll enter in my l2" thanks for all the help & advice