Wheat Ridge, CO asked in Employment Law and Immigration Law for Colorado

Q: I am a L2 dependent VIsa of L1A visa holder. Can i work if EAD renewal is pending and current EAD expired?

My previous EAD was given for only three months( march- may) since USCIS gave it till my visa end date which was 27th May. I had to leave work in Feb as the renewal from last year was pending for 5 months.Now my visa has renewed till 2018. But because of getting my last EAD so late i didnt have 100 days to file for renewal EAD . Now USCIS wont take any requests for expediting the case, and my renewal is still pending. Can i work or do i have to leave job again?

1 Lawyer Answer

A: The EAD must be active and "in hand" BEFORE employment begins. In other words, you can apply for jobs, but you cannot legally work in the US until formal EAD approval exists (with applicable work dates). In practice, most employers will not consider a job candidate unless EAD approval already exists.

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