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Can I continue my job while my L2 is valid under 240days rule and having valid EAD?

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  • Can I continue my job while my L2 is valid under 240days rule and having valid EAD?

    I am right now staying in USA on L2 EAD visa. My L2 will be expired on mid Aug '21. My husband's employer already filed our L1 and L2 extension like 15days back. And also informed us that the validity of both visa will be extended for 240days post our visa expiry if visa extension still under process. Meanwhile I have my EAD valid till Mar '23. My question is can I continue my job after mid Aug '21 if our visa extension petition still under process?
    Also will it be a wise decision to put our visa extension under premium processing? I heard premium processing of L2 is not fruitful process.

  • #2
    This is the first time I am hearing of a situation that an EAD card was issued with a validity date exceeding past L2 visa expiry date. Usually L2 EAD expiration would coincide with L2 visa expiration. But if you have a valid EAD, I don't see why you would not be allowed to work.

    The 240 day extension only applies to L1 visa holder - eg they can continue working 240 days after the visa expires as long as the extension application is pending.
    For L2, you are not accruing unlawful presence for as long as the extension form I-539 is pending, and there is no time limit for that.

    Premium processing currently only exists for forms I-129 and I-140, not the dependent applications. There is hope that since biometrics were suspended starting 5/17/21, they'd approve dependents together with main applicants, but I haven't seen confirmation of that theory yet.

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    • #3
      Originally posted by Debdyuti Chowdhury View Post
      My question is can I continue my job after mid Aug '21 if our visa extension petition still under process?
      Yes, you can continue your job, since your EAD is still valid.
      Originally posted by Debdyuti Chowdhury View Post
      Also will it be a wise decision to put our visa extension under premium processing? I heard premium processing of L2 is not fruitful process.
      It is your personal choice to go premium for L1, L2 doesn't support premium processing.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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