L2 to H4 COS pending. Can I still work on L2 EAD?

HI ,
Husbands H1b approved and went to get the stamping in Canada and has new I-94 with H1B status.
I did not go for stamping but my COS from L2 to H4 receipt date is 1 week before he went for stamping to Canada and changed his status.
If L2 to H4 COS is still pending , and my L2 EAD is valid then I can work with my L2 EAD?

As per my information, you have taken a big risk.

You should have also got the H4 status immediately with your husband’s H1 by travelling out of US.

L2 and H4 are dependent status and stay valid only when your primary L1 and H1B status are maintained.

At this time, your husband has moved on to H1B status by abandoning his L1. So, your status of L2 is automatically abandoned too.

As per my knowledge, you are currently ‘Out of status’. My suggestion is to travel outside US and get H4 status and then file for H4 EAD.

You should NOT work on L2 EAD at this time as your L2 status has been lost.

Hi, I know this is an old post but I was curious about your suggestion to apply for EAD after changing status from L2 to H4. Doesn’t she need to have the I-140 to get H4 EAD?

Hi @criztina

i140 is required in most cases for H4 to be eligible for H4 EAD.

Hi @anil_am22

I have a similar case moving from L2 to H4 , will i loose L2 status on the date of filing the COS or once the COS is approved for the primary , planning to file together with the primary applicant .

have a L2 visa and i94 valid until until Jan 2021

@anil_am22 your thoughts on this one ?

The status does not change until the application is approved but your ‘assume’ that status has changed from the ‘start’ date you requested on the COS application for the purpose for H4.

So, it is better to stop working using L2 EAD.