Switch to TN while L-2 EAD in Process

vivi2020

New Member
Is it possible to switch to TN visa while L2 EAD is in process? Should I keep the L2 status while EAD is in process?

I'm eligible for L-2 as well as TN status.

The problem with L2 visa is that I should apply for EAD after getting the L2 visa, which currently takes more than 4 months. During this period, I am not eligible to work. With living costs/child care/rent, it is a hard option for me.

The other option is to apply for TN visa. TN visa holders can start working immediately and there is no need to file and wait for EAD card. However, the problem with TN visa is that it is single intend, so there might be some issue to file green card change of status. My wife's I-140 is in filed about 8 months ago. We are planning to file i-485 when i-140 gets approved.

I was thinking to first get my L2 visa, apply for EAD, and then while I'm waiting for EAD I change my status to TN to be able to work. Once EAD is approved, then switch back to L2. But I'm not sure if it is feasible. Is it possible to switch to TN while L2 EAD is in process? Should I keep the L2 status while EAD is in process?
 

Cap10kb

New Member
Is it possible to switch to TN visa while L2 EAD is in process? Should I keep the L2 status while EAD is in process?

I'm eligible for L-2 as well as TN status.

The problem with L2 visa is that I should apply for EAD after getting the L2 visa, which currently takes more than 4 months. During this period, I am not eligible to work. With living costs/child care/rent, it is a hard option for me.

The other option is to apply for TN visa. TN visa holders can start working immediately and there is no need to file and wait for EAD card. However, the problem with TN visa is that it is single intend, so there might be some issue to file green card change of status. My wife's I-140 is in filed about 8 months ago. We are planning to file i-485 when i-140 gets approved.

I was thinking to first get my L2 visa, apply for EAD, and then while I'm waiting for EAD I change my status to TN to be able to work. Once EAD is approved, then switch back to L2. But I'm not sure if it is feasible. Is it possible to switch to TN while L2 EAD is in process? Should I keep the L2 status while EAD is in process?
Hi ,
We are exactly in the same situation and would like to know what you did. Can you please clarify. Many thanks in advance.
 

vivi2020

New Member
I got my L2 visa and applied for L2 EAD at the same day. I received my EAD card in about 3 months and now I'm working with EAD card. Never applied for TN visa.
 

Cap10kb

New Member
this was when @vivi2020 ?? From what i researched looks like L2EAD processing time is 11-13 months now. In your expert opinion what would you suggest us doing. Apply L2EAD snd work using TN till EAD is approved. Is this possible?
And second part of the question. When I get the GC can my wife switch from TN to GC? (TN being non immigrant route).
Thanks in advance for your inputs.
 

newacct

Well-Known Member
Once your Change of Status to L2 takes effect, you are in L2 status, and no longer in TN status. You are therefore not authorized to work on the basis of your TN status. L2 spouses are technically authorized to work incident to status (without an EAD), according to recent guidance; however, you will not have the documents to pass the I-9 until you get your EAD (since DHS has not implemented new I-94s that indicate L-2 spouses yet).

If you mean, can you sneakily continue working and not tell your employer about the change of status, that is an interesting question, because you are arguably not working illegally since you are authorized to work incident to status.
 
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