EAD on L2 - Need immediate Help

[L2Spouse]

Hi All

I am currently working on L2 - EAD. I am in a spot as my EAD, Visa and I-94 expires in Sept 2011. However my husbands I-94 is valid till Dec 2012 - even though his Visa expires along with mine.

My question is if my I-94 is extended to Dec 2012 based on my husband's I-94, will it be sufficient to apply for my EAD extension based upon that? Please let me know as this is urgent.

[kabkaba]

You need to file I-539 to extend your status. You can file I-765 for EAD in the same envelope. Visa expiry does not matter. I-94 determines legal stay.

[bittu218]

Yes, you can extend your stay (L2 status) upto the validity date of L1's status. Post that (or along with it), you can apply for EAD extension.

[L2Spouse]

Applied I-539, Application to Extend -Change Non Immigration Status

My husband's company has applied for I-539, Application to Extend -Change Non Immigration Status on June 03 2011. I received a Notice of Action (I-797C) for the same dated June 06 2011. The typical processing time is about 2.5 Months for such an application.

My EAD is expiring on Sept 22 2011. Can i apply for the EAD alongside right now as I-539 might get processed by August end / Early September? Please advice on the next steps.