Legal Question in Immigration Law in Ohio

Can I work on EAD in this Situation?

I am working on L2 Visa and My visa is valid till November 2014.

I have EAD till July 2015, Till my Port of Entry.

I applied for H1 in 2014 cap but unfortunately my H1 go denied. My husband's Visa is till November 2014.

He also applied for H1 in 2014 cap and his H1 got approved. His i-94 is till July 2016.

Now my question is like will I be able to work on my EAD even is my Visa is expired but EAD card is still valid?

My husband's status will be changed from L1 to H1 from October, 1st?

My questions are -

1. Will I be able to work till my EAD expiration date i.e. till 2015? or I have to stop working on October 1

2. My Husbands GC is filed on May 2014 and its in PERM processing. Do he need to change his status to H1 compulsorily?

Because if he changed his status to H1 then I will have to apply for H4 and and won;t be able to work?

3. Can my husband stay on his i-94 ,i.e. he will not get his visa stamped and his status will be i-94 so that i can work on my EAD?


Asked on 8/26/14, 10:11 am

2 Answers from Attorneys
Philip Eichorn Hammond Law Group

Hi

That's a pretty big list of facts and circumstances and corresponding questions. The best advice to you is to hire an attorney to provide you with a written opinion that is generated by spending time with you and ensure that the factual universe is complete before applying the law. Think of it this way, would you want a diagnosis on a potential heart issue made over the internet or would you like to have a doctor examine you? Clearly the latter so that you're getting the most tailored opinion/diagnosis. Please retain counsel.

Read more
Answered on 8/26/14, 10:27 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

Once your L-2 status terminates, you are no longer eligible to work, despite the fact that your EAD shows it is still "valid". The ability to work legally is based on your L-2 status. Once that ends, so does your work authorization. In other words, once your husband's L-1 status ends, so does your L-2 status.

An application for labor certification has nothing to do with one's non-immigrant visa status, since it is a future offer of employment only.

Read more
Answered on 8/26/14, 12:29 pm


Related Questions & Answers

More Immigration Law questions and answers in Ohio