Hello, my question would be the following:
Can technically a company sponsor someone for permanent resident visa and provide employment since the day 1 the company submits the electronic filing for the green card visa (EB2 or EB3), if that person is currently on L2 visa at a different company?
Also to note that the L2 visa may or may not expire this July. (L1 visa holder is still working on getting the company to extend both of the L1 and L2’s.)
As per the law, one doesnt require to enter into United States AT ALL (on any visa) to have such candidate, his Green Card filed.
Green Card is for Future employment. The candidate can enter into US AFTER the Green Card is approved(using Consular processing).
Having said that, your current L2 visa has nothing to do with someone filing your green card.
thank you for the answer. Let me ask you a bit deeper:
We are in the USA.
There are 2 scenarios which might happen with us within the next 2 weeks:
L1 visa holder stays employed at company A (which has filed the visa)
L2 dependent would start to work for company B. Company B starts green card filing, until it is not approved and finalized, dependent stays on L2 - simple.
but for scenario 2.,
L1 visa holder’s employment will be terminated on Mid May
Could dependent receive a job offer from company B (if company has the intention to provide employment) and could somehow company B arrange legally that dependent starts working kind of immediately? Is there a legal way?
Dependent has currently the EAD form, but I am not sure if -at a change of the workplace - EAD would need to be re-requested by company B from the authorities - if this matters at all.
Also, if the green card is filed, would spouse be able to work as well while the approval is in progress (which, I have heard, takes at least 1 year?)?
I guess you are confused still.
The moment L1 is over, the dependent L2 gets automatically cancelled. Once there is no valid visa(Here L2) the corresponding EAD gets canceled automatically, thus, L2-EAD holder should not work from the date of L1 cancelation.
EAD is NOT a visa. Its a permit to work. EAD needs a base legal status (like H4/L2 etc).
A valid EAD is not tied to any geographical location. EAD holder can work for any company at any location in US.
Filing Green Card doesnt allow the beneficiary to work IMMEDIATELY. The third stage (called Adjustment of Status) filing MAY allow to work if an EAD is applied at that time. To get to third stage above, it may take few decades for an Indian national.
In summary, if L1 is gone, the L2 and EAD is also gone and cant legally live or work in US.