Wow complicated...TN vs. L2

Hello,
I have read much on this forum and it has helped clarify many questions.

However, I am in a unique situation and I believe I need to get a lawyer but would rather not of course. Any advice would be appreciated!

My situation is as follows (I apologize for the long post):

- On F-1 OPT (EAD card expires June 30, 2010) and working for an employer in US.
- Getting married in Sept. to my Canadian fiance who is working in the US on an L1 (her L1 also expires July 2010).

I would like to continue to work with my employer in the US following June 30, 2010. I have the opportunity to enter the US next year under my spouse's L1 (once she gets it renewed) or enter under TN status.

The issue is the gap between my spouse getting her L1 renewed (expires next July), then getting my L2 EAD, and the expiry of my current F1 EAD (June 30, 2010).

Obviously I would like to work continuously (ie not have to take time off to wait for L2 EAD card to arrive).

If I get the L2 status now, I will have to renew it of course when my spouse's L1 expires next July...so I believe it would be better to wait as I can legally work under my F-1 EAD until next July.

Does this make sense? Complicated...but manageable I hope.

1. How do I maintain my employment with my current employer and smoothly transition from F-1 to L2 status given the delay in obtaining the L2 EAD card? Is it better to try and get a TN instead (no EAD required)?

2. Also, I read that the SSA states you are able to work without DHS authorization with the L2 (it is up to the employer to request EAD card). In that case can I work under L2 status using the i-94 to fulfill employer requirements of the I-9 while waiting for my L2 EAD card?

Thanks
LS

Get married, apply for change of status on I-539, get L-2 and apply for the EAD on I-765. No point waiting until your status expires, that just makes it more complicated. Your current status would be valid until your new one starts so there's no gap. I suppose it's helpful to have the EAD in hand but you're not restarting your job and a valid I-94 and passport is enough for the I-9.

Get married, apply for change of status on I-539, get L-2 and apply for the EAD on I-765. No point waiting until your status expires, that just makes it more complicated. Your current status would be valid until your new one starts so there's no gap. I suppose it's helpful to have the EAD in hand but you're not restarting your job and a valid I-94 and passport is enough for the I-9.

Thank you for your reply Steven. I will follow this advice

One question: If my fiance's L1 expires July 2010 and I get an L2 and EAD before that, will I have to again apply to renew my L2 along with hers as well as immediately apply for a new EAD?

In other words, does my L2 and EAD expire the same date as my wife? If so, maybe I should wait to renew my L2 before getting the EAD?

Well you're legally supposed to apply for the EAD immediately the problem is you have an EAD and a job already. I suppose technically there could be a gap because you have to wait for the I-765 to be approved once you have the new status. There was a story in the Seattle PI about a woman who was working and applied for an EAD but they rejected it because of the photo and then they refused her AOS because she been engaged in unauthorized work without an EAD and it was the stupidest thing ever (and one reason why USCIS now do the photos themselves).

I don't really know whether it's worth getting worked up about an EAD that is valid on it's face but is technically invalid because you've changed status and are waiting on the new EAD. Hard to answer, call the USCIS helpline FWIW because this is a very bureaucratic situation.

Renewing L-2 status though is easy. Either file I-539 at least 45 days prior or just enter the US with proof your wife is L-1 (marriage certificate, copy of her I-94 - or apply simultaneously). At a POE you just get charged $6 for the I-94 for L-2.

Just to make clear, yes, EADs expire on the day L1 expires. And while it may be simple to renew an L2, to work you need a valid EAD 'in hand' which now makes you reliant on USCIS processing time to get a timely renewal before the old one expires. Not likely.

Given that TNs are now for 3 years, I'd simply get a TN. It will outlast all these L2 and F1 EADs and will have no risk of gaps.