# EAD process



## DhananjayS (Aug 1, 2012)

My wife has been granted L1 visa and she will be flying to California this month; I am also planning to accompany her and stay there for 2 weeks. 
Once I'm in USA, is it possible to apply for an EAD and then return back to India (after 2 weeks), serve notice period of 3 months with my current employer and go back to USA once EAD is approved?
As far as we know, I might have to do one more trip to USA during these 3 months for fingerprints, but we would like to know if this plan is workable or we are missing anything here.


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## Davis1 (Feb 20, 2009)

Once you get an L2 visa you can join her and apply for an EAD 

Application for Employment Authorization | USCIS

you need to take your marriage certificate to get your SSN 
you can leave after biometrics are done


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## Bellthorpe (Jun 23, 2013)

As Davis1 says, you can't apply for the EAD until you have the appropriate visa. Leaving the country after that is risky inasmuch as you might be called in for biometrics (and possibly an interview) at very short notice. You do not want to miss such an appointment.


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## Crawford (Jan 23, 2011)

DhananjayS said:


> My wife has been granted L1 visa and she will be flying to California this month; I am also planning to accompany her and stay there for 2 weeks.
> Once I'm in USA, is it possible to apply for an EAD and then return back to India (after 2 weeks), serve notice period of 3 months with my current employer and go back to USA once EAD is approved?
> As far as we know, I might have to do one more trip to USA during these 3 months for fingerprints, but we would like to know if this plan is workable or we are missing anything here.


You need an L2 visa before the EAD. Most people apply for it while their spouses L1 is being processed.


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## Montygirls (Mar 2, 2015)

*Ead*

Similar question from me.My husband has a L1, I have an L2 as a spouse. So do I need to apply for an EAD to work?
Believe this takes 90 days. I already have a ss number which I got when we arrived.


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## Crawford (Jan 23, 2011)

Montygirls said:


> Similar question from me.My husband has a L1, I have an L2 as a spouse. So do I need to apply for an EAD to work?
> Believe this takes 90 days. I already have a ss number which I got when we arrived.


Yes you do.


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## Montygirls (Mar 2, 2015)

Crawford said:


> Yes you do.


Thanks have submitted an I765, assume that's correct and included my ss, plus copies of passport/visa Marriage cert & I-94 when I arrived.

Hopefully will take less than the 90 days as already missed out on one job I was offered :-(

Do you have to go and have an interview for this too ?


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## Bellthorpe (Jun 23, 2013)

Not necessarily. And it takes up to ninety days, it can be less.


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## Wiggis (Dec 2, 2015)

Hello all,
Another EAD question: I received an E3D visa in January as my wife is the principle applicant with an E3. I then applied for the EAD (I-765) on February 9th. I've been impatiently waiting for the 90 days to be up. Yesterday, my wife got an email from her 'dream' company, who seem to interested in poaching her from her current job. My question is, if my wife ends up moving jobs, and therefore we have to leave the country to obtain a new E3 for her and E3D for me, will I have to reapply for the I-765, and start the 90 days all over again? This would be a disaster.


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## Bellthorpe (Jun 23, 2013)

You don't need to leave the country to change employers. So long as you have the new employer obtain a new LCA within 10 days of leaving the current job (or, as the amazingly bizarre US lawyers would say, 'timely files for a new LCA') the E-3 visa holder (and therefore the E-3D holder) will be OK to change employer while still in the country.

Technically your EAD depends on your E-3D visa. If that lapses so does your EAD. If your E-3 visa is simply transferred, your EAD will still be current.


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## Wiggis (Dec 2, 2015)

Thank you so much Bellthorpe,
Your advised course of action is certainly the best option. I have 2 questions:
Considering how often employers mess up the LCA application, could my wife wait for it to be approved before giving her two week's notice at her current employer? 
Would we have to send in an I-539 change of status application to the USCIS, and if so, when? If not, how do we receive E3 and E3D visas updated to the new employer?


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