Can i apply L2-EAD when COS is in process?

[tojai01]

Hi,

Currently i am in L-1B status.
Now, i have applied for COS to L-2 and i have received the receipt number last week of Dec-2016
Now, can i apply EAD now itself?

[raghvi]

Hi,

Currently i am in L-1B status.
Now, i have applied for COS to L-2 and i have received the receipt number last week of Dec-2016
Now, can i apply EAD now itself?

Yes you can. What is the date of COS you have requested in the I539?


This is my opinion not legal advice.

[tojai01]

Yes you can. What is the date of COS you have requested in the I539?


This is my opinion not legal advice.

Hi Raghvi,

In the form I-539, COS effective date mentioned as "Jan-31-2017".
USCIS Received my form on Dec-15-2016. I am planning to resign on Feb-15 and serve 2 weeks notice.

[raghvi]

Hi Raghvi,

In the form I-539, COS effective date mentioned as "Jan-31-2017".
USCIS Received my form on Dec-15-2016. I am planning to resign on Feb-15 and serve 2 weeks notice.

If COS has to be effective from Jan-31-2017, how can you work till Feb end without having an approved EAD with you? If you want to move to L2 from 31-Jan-2017, you should resign Jan 15th with 2 weeks notice period.

This is my opinion not legal advice.

[tojai01]

If COS has to be effective from Jan-31-2017, how can you work till Feb end without having an approved EAD with you? If you want to move to L2 from 31-Jan-2017, you should resign Jan 15th with 2 weeks notice period.

This is my opinion not legal advice.

What i understood from the I-539 Instructions is, even though if i mention effective date is Jan-31-2017, but the effective date is only COS approved date or requested date, whichever occurs later. USCIS received my case only on DEC-15-2016, i think COS will not be processed with in 2.5 months, so, i thought can work till end of FEB-2017 with notice period. (Below point is provided in the instruction document PDF)

https://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

Part 2., Item Number 2.a. of the form, select the date you want your change of status to occur on. If approved, your change of status will occur on the date your current nonimmigrant status ends, the date of approval, or the requested date, whichever occurs later.

[tojai01]

What i understood from the I-539 Instructions is, even though if i mention effective date is Jan-31-2017, but the effective date is only COS approved date or requested date, whichever occurs later. USCIS received my case only on DEC-15-2016, i think COS will not be processed with in 2.5 months, so, i thought can work till end of FEB-2017 with notice period. (Below point is provided in the instruction document PDF)

https://www.uscis.gov/sites/default/files/files/form/i-539instr.pdf

Part 2., Item Number 2.a. of the form, select the date you want your change of status to occur on. If approved, your change of status will occur on the date your current nonimmigrant status ends, the date of approval, or the requested date, whichever occurs later.

Any thoughts Raghvi on my understanding?