Expired EAD - Loosing an offer

D

Daniellemm

New Member
Hi all,

I really need a help. On 05/2006, the attorneys from my company and my husband’s company sent my I-765 form with my documentation, including the petition for a nonimmigrant worker of my husband (I-129), class L1 and my application to extend/change nonimmigrant status (I-539), class L2. Both I-129 and I-539 were approved on August/2006. However, my EAD is still in progress at Vermont service center.

On 09/12/2006, USCIS sent a notice asking new pictures. My response was received on 09/22/2006 by USCIS, including new pictures.

As of today, 11/01/2006, I do not have my card and I understand the processing time should be 90 days from 09/22/06, since an additional item was requested. Therefore, I can not ask for an interim card.

I have a employment offer to start on January, 03, 2007. However I have to move to NJ on December 2006. I am afraid to do not receive mY card on time. And then, I am gonna loose my offer. Any ideias of what I can do????

Maybe I can ask for an interim card after December 22, but I will be living in NJ and I know that center is way more difficult to get an interim.

I am desperate!!!!!!!!!!!
 
USCIS does not give interm cards anymore. you will get the EAD within 90 days of submitting the application. be patient.
 
But, I saw on the site of USCIS explaining about interim cards... How can I confirm that they are not issuing Interim EAD. I am not sure that I will receive my card in 90 days. My process is from May and we are in November...
 
L2 visa and EAD

I am not sure whether my answer is too late for this actual posting. But thought of sharing my experience which almost the same.

I am on L1 and my spouse on L2. Our visas were valid till 28th Apr 2006. Actually she got a job by the end of March 2006. In general , to re-new the EAD we have to apply 90 days in prior. Since she did not have a job that time we did not care about to re-new it.

On the first week of April we realized that her EAD is going to expire in couple of weeks along with VISA.

In general, if apply for visa extn it would take couple of months to get approved and by that time she has to be out of job since there is no alternative. I have talked to my office attorney about this and she suggested me to go for Premium processing of Visa extn ( $1000- my company paid for me ) and $500 ( form your pocket ) for EAD renewal premium processing.

With god's grace my wife got her new EAD in two weeks ( 2 days prior the old one expires ) and she could continue her job without any break.

So, whenever you apply for L1/L2 VISA extn you can ask the attorney to go for premium processing of VISA and EAD along with it,if you want to avoid the hassles of delay in visa proecessing & EAD re-newal.

Hope this might help some of you..
 
Danielle

Thank you. I will try that. However, I just received the information (I will confirm this) that l-1 spouses do not need EAD anymore. Not sure if this is acurate yet.

See link below: https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument#c1

Thanks again.
 
Hi Danielle,
Were you able to get any more info on this? I am stuck in a similar situation..I have an offer, but I will lose it if I don't get my EAD in time.
Thanks.
 
Does a L2 Visa Holder need an EAD???

I was interested in your post about not needing a EAD if you are a L2 Visa holder (I am the husband of a L1 holder) I am in the process of applying to renew my EAD but it looks like I may have applied too late (my fault) as my orignal EAD expires 2/2/07 and it is 1/22/07 and I have completed biometrics but still waiting on card (biometrics done 1/20/07) However i did check out the link provided
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument#c2

and it does indeed state that L2 holders do NOT need an EAD card (they may get one if they choose) the exact wording, from the Social Security Policy Site, is as follows.

non-immigrant E-1, E-2, and L-2 classifications), the spouse is also authorized to work without specific DHS authorization. The E-1, E-2, and L-2 spouse is not required to apply to DHS for an EAD card as documentary evidence of work authorization but may choose to do so. When the E-1, E-2, or L-2 spouse applies for an SSN card and does not submit an EAD as evidence of employment authorization, he/she must submit, in addition to evidence of immigration status, evidence of a marital relationship to the principal E-1, E-2, or L-1 alien. The evidence of marital relationship between the applicant and the principal E-1, E-2, or L-1 alien is a marriage document (indicating the marriage occurred prior to admission to the U.S. as an E-1, E-2, or L-2 non-immigrant).

It clearly says that a spouse is not required to apply to DHS for an EAD card. In fact when I called the Social Security Office they told me that as long as my visa was valid I was okay. However everything else I read says the opposite.

Any suggestions/comments???
 
L2 visa holder, no more EAD?

I see this was posted in January. I am a similar situation and was hoping to get more details on this.

Does L2 visa holder still need EAD?
 
Can anyone please confirm if they were able to get employed by just being on L2 and without getting an EAD?

Although to get an EAD is always a good idea, I would like to know if anyone was able to work without getting the EAD.
 
Request for Eveidnece - VERY URGENT

Hello,

I have received request for evidence (RFE) on my L1B visa. If in case it is rejected, can I apply for L1B again? Also, can I apply for any other visa such as H1 or B1 without any trouble because of cancelled L1B?

I am in need of this information as soon as possible to take few important decisions. Any help would be highly appreciated.

Thanks!!
Rahul
 
You can work without EAD on L2 spouse category .

seeking_advice said:
Can anyone please confirm if they were able to get employed by just being on L2 and without getting an EAD?

Although to get an EAD is always a good idea, I would like to know if anyone was able to work without getting the EAD.
Click to expand...


As per this post
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4954030822&m=2491046651
Some one was able to start working without EAD being on valid L2 (spouse).

He applied for SSN without EAD as advised on
https://secure.ssa.gov/apps10/poms.nsf/lnx/0100203500


Me too planning to come to US on L2 and use this advice.

Please Let us all know it's applicability on ground .

Thanks a lot .

--- ahmed
 
Can some confirm this ?

Hi ,

With reference to previous post .

Can some one confirm it;s applicability of getting employed just with SSN .

which we belive L2 guys can apply for , without having EAD .


Thanks a lot .

-- ahmed
 
L-2 status holders (only spouses) can apply for an EAD. However they can work only after an EAD is issued to them. If some L-2 status holder started work just on his/her status without an EAD, that is the employer's blemish, not modus operandi.

ahmedyo said:
which we belive L2 guys can apply for , without having EAD .
Click to expand...
 
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Confused ?

L-2 status holders (only spouses) can apply for an EAD. However they can work only after an EAD is issued to them. If some L-2 status holder started work just on his/her status without an L-2, that is the employer's blemish, not modus operandi.
Click to expand...


Hi triple_citizen ,

Thanks for posting back. But still you know as this issue means a lot for us (probably 3-4 more months of employment ) .

It's great that you have replied back , but there are certain things in your post which are ambiguous (confusing).

1. If some L-2 status holder started work just on his/her status without an L-2 --- I'm assuming you meant EAD while referring to L2 at the last .

2. that is the employer's blemish, not modus operandi
I'm sorry but could not make any conclusion of it , is it legal or not in the first place , and if illegal How serious could it be (May be I'm trying to flirt around with the same idea that I'll go scotfree as I get when riding without a helmet in my home country.)

Did you follow the link od ssa which I gave in my post ?


As the whole issue matters me a lot , I'm trying my best to investigate into this , moreover let me tell you , I also modified the concerned L2 page on en.wikipedia.org. Assuming as it has more audience shall get my statements scrutinized.


Thanks a lot for your reply.
personally if you can consult some/any of your friend on this issue and keep us posted , that would be great !!!


Thanks and Regards,
Ahmed Hussain Syed
 
A1: That was a typo. Thanks for catching it. I have corrected my original post.
A2: From an employer's perspective, the company could be fined. From an employee's perspective, he/she is indulging in unauthorized employment, i.e. breaking the law.

ahmedyo said:
1. If some L-2 status holder started work just on his/her status without an L-2 --- I'm assuming you meant EAD while referring to L2 at the last .

2. that is the employer's blemish, not modus operandi
I'm sorry but could not make any conclusion of it , is it legal or not in the first place , and if illegal How serious could it be (May be I'm trying to flirt around with the same idea that I'll go scotfree as I get when riding without a helmet in my home country.)

Did you follow the link od ssa which I gave in my post ?


As the whole issue matters me a lot , I'm trying my best to investigate into this , moreover let me tell you , I also modified the concerned L2 page on en.wikipedia.org. Assuming as it has more audience shall get my statements scrutinized.


Thanks a lot for your reply.
personally if you can consult some/any of your friend on this issue and keep us posted , that would be great !!!


Thanks and Regards,
Ahmed Hussain Syed
Click to expand...
 
Thanks a lot .

Thanks triple_citizen ,

I have mailed this issue to one of my fried , who in turn promised to keep it in front of an attorney. though my friends initial response was almost same as yours. But still taking a chance , Shall keep this thread updated.

Thanks and Regards,
Ahmed Hussain
 
Here is another Guy who spoke to SSN on this issue.

Hi ,
Some one says that one of his friend spoke to SSN guys on the issue
"L2 employment without EAD " provided he has / has applied for SSN.

http://www.immihelp.com/forum/showthread.php?t=41910&page=2


I've been seeing many negative answers to this query like

  • You are at Risk of violating green card norms
  • No you cant work without EAD
  • Please refer to this contradictory statement
  • etc etc

What I assume is that every one who is responding negatively either
  • Did not bother to see all the links provided which are of US government sites
  • Or they entered long before of this new rules formulation.
  • Or with the habit of passing on knowledge , what they kept on hearing without bothering to investigate from their side.

We need to remember that we are posting on all the sites which are either owned by immigration lawyers or managed [active members are lawyers] to whom we all may be future prospect clients , how good it would be if some lawyer responds to this query. Thanking them in advance.


Conclusion: It's worth investigating it point to point rather than jumping on to a conclusion that "one of the government site" contradicts it. Will it not be a good idea to think that there may be a lapse on updating or
can we call/mail officials on this issue.
You may ask , why am i asking some one else to call rather than doing my self. I cant call as I'm still not a L2 holder , just anticipating it.
That doesent mean I'm not serious on this : I'm damn serious as i dont want to be a burden for 3 or so months .

to all the respondents: Please do not feel offended , it was just my View , Thanks for your time

--ahmed hussain
 
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