QUESTION

Work Validity

Asked on Mar 06th, 2022 on Immigration - Washington
More details to this question:
On L2 visa with EAD(Category 18) valid until 13th Dec 2021.Applied for L2 extension in Sept'2021.Applied for Green card (through my spouse organization) in Oct'21.Received notification on 16th Dec that I can keep working for 180 days (based on i-765 filed for Green card processing). Am i eligible to work (even though my EAD has expired and decision on i-539 is still pending) based on the i-797c notification received?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
USCIS has recently acknowledged that L-2 spouses are not required to apply for separate work authorization to be legally employed in the US. Thus it stands to reason that a timely filed L-2 extension application should continue to allow employment for 180 days while the application is pending. However, until the agency puts it down in writing, employers will likely take the position that they cannot risk continuing an individual’s employment based on the receipt of filing. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Apr 03rd, 2022 at 9:04 PM

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