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When should I apply for EAD renewal?

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  • When should I apply for EAD renewal?

    Hi,

    I am on L1 Blanket and my wife is on L2. She has EAD and is working.

    Our Visa (L1 and L2) is valid till 29 Jan 2012.
    Both I-94 valid till 29 Jan 2012
    EAD valid till 29 Jan 2012

    My company is applying L1 and L2 extensions and I have to apply for EAD renewal. I want to know when is the good time to apply for EAD extension. Is it possible to apply for EAD renewal on the basis of L1,L2 extension receipts? or L1,L2 extensions have to be approved before EAD can be renewed?

    My concern is , if I wait for L1,L2 extension to get approved , and say it happens in May/June 2012 , then EAD renewal will take atleast 2 months after that. On other hand , if I apply for renewal before extension is approved , and they send RFE for EAD , then I don't have any documents to reply back to that RFE. I am confused. Please suggest.

    Thanks a lot.

  • #2
    We are in same situation but our L1 and L2 expired on August 30th. EAD expired then also.

    Finally got L1 renewal on October 4th but my wife's L2 has not been processed yet, even though her L2 renewal papers were submitted with my L1.

    We have been told it is pointless applying for a new EAD until we have the official L2 receipt and new extended I-94 as these are the docs USCIS will want to see before issuing an EAD.

    If you submit EAD renewal application without evidence of L2 extension, you will get RFE asking for it.

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    • #3
      EAD application can be filed in the same envelope as the L1, L2 extensions.
      If filed separately, it will have to be filed after L2 extension is approved.
      This is my opinion and not legal advice.

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      • #4
        Thanks for your comments. Yes EAD can be applied along with L1 and L2 , but company only takes responsibility for extending L1,L2 status not EAD. So they won't process it together.
        @MariaC - Yes , it doesn't make sense to apply for separate EAD renewal unless we have approved L2 and new extended I-94.The problem is , as in your case , L2 approval does not usually come with L1 approval , which means L2 person has to wait for 4-5 months to get approval and then 2-3 months to get EAD renewal. So 6-7 months is a long wait when you already know L1 is approved. Did you ask anyone how much time USCIS provides to reply to RFE ? If they provide like 2 months time , may be you can go ahead and submit renewal request now , and by the time they review and send RFE , you will have around 3 months , so there is a good chance that your L2 approval arrives by that time (given that you already got L1 approved , there is a good chance that L2 may get approved ). This will not make a huge difference , but assuming that your L2 is approved , you will atleast have your new EAD , 1-1.5 months before the regular process of applying EAD renewal after L2 is approved.

        In my case , I don't see any other option that to wait for EAD renewal atleast till L1 is approved.

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