Can my wife work on L2 I-797 (she has EAD) while I am on vacation


ramreela

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Hi,

My situation is like this:

I am on L1 I-797 (no stamping) valid till Oct 2014, my wife is on L2-I797 (she has an EAD) . She is currently working for a company.

 

July 11th , I am planning to travel to India , and will still be on US payroll of my company. I will be working remotely.

I am planning to resign on the 31st of July from the US company, while being in India itself. 

 

Can my wife work legally on L2- I-797 EAD till the 30th of July and leave US on the 30th ?

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Hi,
My situation is like this:
I am on L1 I-797 (no stamping) valid till Oct 2014, my wife is on L2-I797 (she has an EAD) . She is currently working for a company.
 
July 11th , I am planning to travel to India , and will still be on US payroll of my company. I will be working remotely.
I am planning to resign on the 31st of July from the US company, while being in India itself. 
 
Can my wife work legally on L2- I-797 EAD till the 30th of July and leave US on the 30th ?

 

Should not be an issue.

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The Fact is I am planning to apply for F1 visa on the 31st of July and come to US as a student in August. Will that hamper my / my wive's case of legal stay in USA in any way ?

Please kindly advise.

If your L1 petition is not revoked by employer and you are still there on employer's payroll then she should be fine. But, later if you enter US on F1 visa what status your wife will be?

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The Fact is I am planning to apply for F1 visa on the 31st of July and come to US as a student in August. Will that hamper my / my wive's case of legal stay in USA in any way ?

Please kindly advise.

Then your wife can not stay in the US on L2 while you are gone.

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Then your wife can not stay in the US on L2 while you are gone.

 

Hi JoeF - Not sure why you are saying this.

 

I will be going for F1 stamping , only after my wife departs the US.

 

 

In the entire period when I am out of US and my wife is employed in US , I will be working remotely on US payroll. After my wife departs , I will resign from my job and go for F1 stamping.

 

Is there a chance that my wife's legal status in the period she is in US and I am out of US can be questioned ? -  My only concern is me being in India with a planned vacation to apply for F1 and resign from my US job from India - should not be considered as I am trying to "PARK" my wife in the USA while I am out of the US.

 

Kindly bear my ignorance.

 

Regards.

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If your L1 petition is not revoked by employer and you are still there on employer's payroll then she should be fine. But, later if you enter US on F1 visa what status your wife will be?

 

Hi Jairichi,

Thanks for your response.

 

By the time I enter on F1 visa, my wife would have departed the US. Basically , I am on vacation (US payroll) till last working day of my wife in the USA. After my wife departs the USA I resign from my US company and go for my F1 Visa.

 

My only concern is me being in India with a planned vacation to apply for F1 and resign from my US job from India - should not be considered as I am trying to "PARK" my wife in the USA while I am out of the US.

 

Also I read that Status and Visa are two different things. Once I am out of US technically I do not have any immigrant status. For maintaining a valid status I should be present in US merely having a payroll running is not considered to be in status. But USCIS does provide small amount of flexibility. 

 

Not sure what the extent of the flexibility is.

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Hi Jairichi,

Thanks for your response.

 

By the time I enter on F1 visa, my wife would have departed the US. Basically , I am on vacation (US payroll) till last working day of my wife in the USA. After my wife departs the USA I resign from my US company and go for my F1 Visa.

 

My only concern is me being in India with a planned vacation to apply for F1 and resign from my US job from India - should not be considered as I am trying to "PARK" my wife in the USA while I am out of the US.

 

Also I read that Status and Visa are two different things. Once I am out of US technically I do not have any immigrant status. For maintaining a valid status I should be present in US merely having a payroll running is not considered to be in status. But USCIS does provide small amount of flexibility. 

 

Not sure what the extent of the flexibility is.

What I am saying is as long as your employer has not revoked your petition, payroll is generated and your vacation is for a short time it should be possible. I would like to know why JoeF has a different view. And, USCIS does not provide any flexibility.

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Normally, you are only on paid vacation from a company if you are returning to work afterwards.  You are using your vacation in the way stated so your wife can continue to work.  Typically, a person leaving a company is paid his accrued vacation upon termination. I would expect YOU to receive the vacation pay if you terminated your employment upon leaving the US.

 

Your sequence of events is suspect since you do not intend to return to work after your vacation and your employer does not appear to be aware of your plan to leave.

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Normally, you are only on paid vacation from a company if you are returning to work afterwards.  You are using your vacation in the way stated so your wife can continue to work.  Typically, a person leaving a company is paid his accrued vacation upon termination. I would expect YOU to receive the vacation pay if you terminated your employment upon leaving the US.

 

Your sequence of events is suspect since you do not intend to return to work after your vacation and your employer does not appear to be aware of your plan to leave.

Very valid point. I believe JoeF response might also be based on that.

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Very valid point. I believe JoeF response might also be based on that.

 

Yes, indeed.

You don't have the intent to come back on L1, hence it is not possible for a dependent on L2 to stay in the US while you are outside the US.

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What could happen is employer revoke and report your last day of work in the US as your termination date. Your wife should accompany you home since you certainly appear to be trying to have her work illegally - ie while you are getting paid your vacation after your last day of work in the US. For your vacation to be just that, you should return to the US to work for your employer for the required time expected by your employer.

 

If the sum of money she would earn worth the possible future problems? Illegal work is a very serious issue in US immigration. The amount you will pay an attorney to address the problems you are potentially creating far exceeds what she might earn.

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Hi All,

Thank you very much for your kind thoughts. Me and my wife have decided to leave US together.

 

I am glad that my question could bring such deep thoughts :).

 

 

Another question that comes to my mind:

 

After me and my wife depart the US, can I work remotely for a week or two (while being on US payroll of my company) before I resign from my company ? (I have remote working option)

 

Supporting scenario:

I am on L1 visa extension (I-797) no stamping on my passport for L1 Visa

I will be going for my F1 visa immediately after I reach India

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Hi All,

Thank you very much for your kind thoughts. Me and my wife have decided to leave US together.

 

I am glad that my question could bring such deep thoughts :).

 

 

Another question that comes to my mind:

 

After me and my wife depart the US, can I work remotely for a week or two (while being on US payroll of my company) before I resign from my company ? (I have remote working option)

 

Supporting scenario:

I am on L1 visa extension (I-797) no stamping on my passport for L1 Visa

I will be going for my F1 visa immediately after I reach India

If employer agrees you can work remotely for L1 employer and be in their payroll.

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