Forest Hill, TX Immigration Law Firms & Lawyers

Unfortunately there is no provision of the immigration laws that would allow an individual with employment authorization under L-2 to continue working while awaiting H-4 employment permission if the H-4 is already approved. You would no longer have employment permission under L-2 once your status is changed to H-4. Assuming that you qualify for an H-4 EAD, hopefully you filed the I-765 EAD application with the H-4 change of status. U.S.C.I.S. could then possibly adjudicate both together. Otherwise you would have to wait. I do note that there is a good chance U.S.C.I.S. will not adjudicate the H-4 at the same time as your husband's H-1B as the new I-539 form requires another step in your case, the taking of biometrics, which can throw off the coordination of H-4's being adjudicated at the same time as H-1B's. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.    

If USCIS is able to successfully revoke your mother's lawful permanent resident status due to marriage fraud, it may also affect your immigration status because you received it on the basis of your mother's marriage to your stepfather. However, there is a 5-year statute of limitation on actions for revocation of residency status if the status was received through the adjustment of status process.