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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28208
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I have an L2 visa with an expiration date on 12/22/2019 but

Customer Question

Hi, I have an L2 visa with an expiration date on 12/22/2019 but my husband L1 petition expired on 4/1/2016 because we start the process for the green card instead of renewing the visa. I have an EAD that started 6/8/2015 and ends with petition date (4/1/2016). I already applied for I-765 related to the Green Card. The problem is that I just found a job and starting 4/1/2016 I have no EAD available. I have two questions:
1) Can I start working and keep working even if my EAD is expired after I start working? The fact that we are in the I-485 process doesn't count?
2) I there anyone we can talk to or anything we can do to expedite the process to get the EAD (last time it took 4 months to get it) because it is going to be a huge issue for my company who needs me and for me who might lose this work opportunity?
Thank you!
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

1) Can I start working and keep working even if my EAD is expired after I start working? The fact that we are in the I-485 process doesn't count?

No you may ot continue to work since you no longer hold valid L2 and now have an expired EAD.

The filing of the I-485 only allows you to remain in the US while the adjustment of status is pending. You cannot engage in employment based on the I-485 until your EAD under the adjustment is processed and in hand.

The expiration date of the visa has no bearing on your status within the US, that is only to allow you entry if your husband has a valid I-129S.
2) I there anyone we can talk to or anything we can do to expedite the process to get the EAD (last time it took 4 months to get it) because it is going to be a huge issue for my company who needs me and for me who might lose this work opportunity?

Unfortunately, there is no expedite for the EAD.

Our American Immigration Lawyers Association has brought the issue of delayed processing and unreasonable backlogs with USCIS and implored them to do something about the delays but USCIS continually ignores the issue.

I just finished reading a letter written by the Association to USCIS when your question came in (you most probably cannot access because it was in an association email to members)

http://www.aila.org/advo-media/aila-correspondence/2016/letter-director-rodriguez-uscis-processing-delays?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily

USCIS does not feel an obligation to service the public as per it's name.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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