can we apply EAD on L2 when H1 filing is in progress


nareshk

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Hi

 

I have an L2 based on my spouse's L1 valid till July 30 2014. Am currently still working in India and my employer filed an H1 for the cap year 2015. My question is

 

1. Can I vist my spouse and apply EAD now as H1 is going to be lottery this year?

2. Is there going to be any effect on my H1 petition due to EAD filing?

3. Do we have to be in US when the EAD application is in process, or can I return to India and go back after EAD is approved as I cant work legally in US.

 

Please let me know the best process to proceed for me

 

Thanks in advance

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Hi

 

I have an L2 based on my spouse's L1 valid till July 30 2014. Am currently still working in India and my employer filed an H1 for the cap year 2015. My question is

 

1. Can I vist my spouse and apply EAD now as H1 is going to be lottery this year?

2. Is there going to be any effect on my H1 petition due to EAD filing?

3. Do we have to be in US when the EAD application is in process, or can I return to India and go back after EAD is approved as I cant work legally in US.

 

Please let me know the best process to proceed for me

 

Thanks in advance

1. Yes. It might take at least 3 months to get EAD.

2. No.

3. Yes, you need to be in US when applying for EAD as it is based on I94.

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Thanks a lot for the reply.. Actually my 3rd question was, can I leave from US immediately after applying EAD and ofcourse giving biometrics, ( because I have to work in India for my employer ), or should I definitely have to stay in US when the EAD approval is in process?

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Thanks a lot for the reply.. Actually my 3rd question was, can I leave from US immediately after applying EAD and ofcourse giving biometrics, ( because I have to work in India for my employer ), or should I definitely have to stay in US when the EAD approval is in process?

EAD application process involves biometrics. You need to be in US to get this procedure done.

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