Moving to the US

[stek]

You say partner? Are you sure you can work and live there if not married, seem to remember US doesn't do unmarried visas.

Check tho!

[stek]

You say partner? Are you sure you can work and live there if not married, seem to remember US doesn't do unmarried visas.

Check tho!

Seems H1B deps can only be spouses or children and can't work anyway..

[jamesbrown]

Seems H1B deps can only be spouses or children and can't work anyway..

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

[stek]

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

Ahh, missed that, I was on iPhone. Do you have to be married tho?

[jamesbrown]

Ahh, missed that, I was on iPhone. Do you have to be married tho?

I assume the OP is married; but, yes, I think so (common law marriage may be possible, I don't know - one for an immigration lawyer).

[redgiant]

The OP notes an L2 visa so, yes, they can work (IIRC, it's a very flexible visa, subject to having an EAD).

The advice I have received is that you don't need an EAD to start work as it can take up to 90 days for it to be processed. Your passport + L visa/I-94 are normally sufficient to allow you to legally start work. My partner started work in the US without a social security number which took about 8 weeks to come after she arrived.

[jamesbrown]

The advice I have received is that you don't need an EAD to start work as it can take up to 90 days for it to be processed. Your passport + L visa/I-94 are normally sufficient to allow you to legally start work. My partner started work in the US without a social security number which took about 8 weeks to come after she arrived.

I don't think that's correct. By all means, solicit professional advice if you haven't already, but I'm reasonably confident that you cannot work legally on an L2 without an EAD in hand. This isn't something you want to mess with...

By the way, your point about the SSN is irrelevant in this context (that isn't the authorization to work so, yes, your partner can certainly work on an L1 while the SSN is pending).

[stek]

Moving to the US

I assume the OP is married; but, yes, I think so (common law marriage may be possible, I don't know - one for an immigration lawyer).

Seems you have to be legally married for L2 visa too from my iPhone in restaurant cos I'm bored research!

OP says partner not wife so I assume unmarried, though they could be same sex couple.

[redgiant]

I don't think that's correct. By all means, solicit professional advice if you haven't already, but I'm reasonably confident that you cannot work legally on an L2 without an EAD in hand. This isn't something you want to mess with...

By the way, your point about the SSN is irrelevant in this context (that isn't the authorization to work so, yes, your partner can certainly work on an L1 while the SSN is pending).

Asking the lawyer again it seems that getting the EAD first seems that it is the only way to be sure to be legal - it doesn't help when the US Social Security department have conflicting information on this matter from the USCIS (Immigration department).

Also being married is a pre requite too for this visa as in general common law marriages don't exist in the US - although there are some states that recognise common law marriages (like Texas) but as this is federally organised then they make the rules for the visa not the state you are moving to.

[jamesbrown]

Asking the lawyer again it seems that getting the EAD first seems that it is the only way to be sure to be legal - it doesn't help when the US Social Security department have conflicting information on this matter from the USCIS (Immigration department).

Also being married is a pre requite too for this visa as in general common law marriages don't exist in the US - although there are some states that recognise common law marriages (like Texas) but as this is federally organised then they make the rules for the visa not the state you are moving to.

Thanks for the update. Unfortunately, it's not uncommon to see conflicting advice, but USCIS is the agency that matters in this context, so it's good that you checked.