Will change of status while awaiting EAD affect approval


eapenveapen

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Posted

Hi, 

I went on leave from my Indian employer and entered the US on a L2 (dependent ) visa, accompanying my wife. I immediately applied for EAD after reaching the US on L2 status. A few weeks later, while waiting for EAD approval, my employer filed for L1 with premium processing and change of status (L2 to L1). When the L1 is approved and status is changed (assuming that happens prior to EAD approval), will it affect EAD approval? i.e. Will my EAD application get rejected as I would no longer be in L2 status at the time of decision making?

If EAD is approved, can i switch to L2 with EAD status the next time I enter the US or do I need to go get the L1 visa stamped?

Posted
22 hours ago, pontevecchio said:

Your EAD is redundant if the COS to L1 is approved and you cannot use that even if sent by error to you.

Thank you for taking the time to respond..hope you don't mind if I probe a bit further. 

When you say 'if sent by error', you're implying that the EAD application ought to get rejected. Why is that? Does USCIS check what status I'm in at the point in time that they decide on the EAD? By that logic, EAD applications should get rejected if the applicant leaves the country for a few days when its being processed. Is that the right understanding of how USCIS functions?

I realise that the EAD is redundant if I'm on L1 status but I could leave the country and re-enter on L2 status without ever stamping my L1 visa, correct? In that case, would the EAD be valid. Both L1 and L2 are valid for next 3 years currently. 

I have an offer with the parent US company and would like to switch to that position (not with the branch that was my L1 petitioner).  I'm not sure if the L1 can be used to work for the parent US company of the Indian branch that was the petitioner for the L1 (perhaps you could confirm that as well?). That's why I'm wondering if I can switch to L2 with EAD status after traveling out of the country. 

Posted
20 hours ago, pontevecchio said:

The HR/legal department/Immigration team of the US company are the people you should be asking.

I did and I was informed that the existing L1A petition cannot be used to work with the parent as is. A new amendment petition would've to be filed and approved before I can transition into that position with the parent company. 

So that's why I need the L2 EAD and that's why I'm wondering if I can leave and enter on L2 to then use the EAD. 

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