Can my wife work on L2 I-797 (she has EAD) while I am on vacation out of the USA.

[ramleela 0]

Hi,
My situation is like this:
I am on L1 I-797 (no stamping) valid till Oct 2014, my wife is on L2-I797 (she has an EAD) . She is currently working for a company.

July 11th , I am planning to travel to India , and will still be on US payroll of my company. I will be working remotely.
I am planning to resign on the 31st of July from the US company, while being in India itself.

Can my wife work legally on L2- I-797 EAD till the 30th of July and leave US on the 30th ?

The Fact is I am planning to apply for F1 visa on the 31st of July and come to US as a student in August. Will that hamper my / my wive's case of legal stay in USA in any way ?

Please kindly advise.

[Emily975 11]

Your wife's visa is attached to your visa. So, as long as your visa is valid, hers is also. When you leave for India, your visa will still be valid and she will be able to work. Once you resign from your USA job however, your and her visa become invalid and she will have to go home (I don't know if there is a grace period for L visa holders). However, once you apply (and get?) F1 visa, she can apply for F2 - as your dependant, but in that case, she won't be able to (legally) work in the US.

[jan22 3,056]

Technically, it isn't the visa that has to remain valid -- it's your L1 status that needs to remain valid. Leaving the US and working for the company outside the US even though still on US payroll (with an intent to resign shortly thereafter) might be viewed by USCIS or visa officers as having terminated your L1 status on departure from the US. Might want to pose the question to USCIS before she continues to work and cause future problems.