TN to L2 w/EAD

rsargant · Post by **rsargant** » Fri May 01, 2009 4:47 pm

Hi,
I presently work in the U.S under TN. My wife works under L1-A. My first TN was issues in January 2005 and has been renewed on a yearly basis with my current status set to expire in January 2008.

Due to concerns over my job security, I'm contemplating pre-emptively changing my status over from TN to L2 and obtaining work authorization. I figure that will let me continue working for my current company or find something else if everything goes south.

Any tips on how this process would work? Is it possible that I could change to L2 but still hold my TN for my current company or would I be required to actually stop working in the interim period between getting my L2 & Work EAD? How long might that be?

Any other pitfalls I might run into?

nelsona · Post by **nelsona** » Fri May 01, 2009 6:33 pm

Does the L2 and EAD get processed simultaneously? If yes, ythen you simply stay in TN until L2/EAD issued. If however your EAD would only be issued after L2 is awarded, you would be out of luck.

In that cxase, there may be a way to get L2, leave US and re-enter on TN, and then get EAD and leave/re-enter on L2 and use EAD. Sounds convoluted

rsargant · Post by **rsargant** » Wed May 06, 2009 1:45 pm

Thanks. Is it possible to apply for L2 and EAD at once? I thought you required proof of L2 in hand before applying for EAD.

Your second idea is interesting. Does that mean one can hold TN & L2 at the same time?

nelsona · Post by **nelsona** » Wed May 06, 2009 1:50 pm

Apparently one can apply both together. You need to fnd this out for yourself.

One cannot hold TN and L2 at the same time, simply because one can only enter US on one status at a time. That is why I mention the need to leave/re-enter US. there is nothing preventing you from having two viable statuses, as long as during your entire entry in TN you are working for a sponsor under TN, and during the entry in L2 you are not working under TN.