L2- EAD query

[rachu008]

Hi,

I am primary L1 applicant. My L1 visa is getting expired in 21st june 2013 and my husbad L2 visa is expiring on the same day. I have I 94 valid till Mar 2016. And My husband will be coming USA in 1st week of May. If my husband applies for EAD, just want to verify whether the EAD will based on L1 status or by my I 94 status. Can he apply for EAD though his visa will be expiring in june 2013.

Please assist.

Thanks,
Rachel

[raghvi]

Hi,

I am primary L1 applicant. My L1 visa is getting expired in 21st june 2013 and my husbad L2 visa is expiring on the same day. I have I 94 valid till Mar 2016. And My husband will be coming USA in 1st week of May. If my husband applies for EAD, just want to verify whether the EAD will based on L1 status or by my I 94 status. Can he apply for EAD though his visa will be expiring in june 2013.

Please assist.

Thanks,
Rachel

Is it L1A or L1B? If it is L1B when is your 5 Years stay in US completing?

EAD will primarily depend on your husband's I-94. It your husband gets I-94 only till 21-June-2013 then first thing to do would be to file for extension based on your I-94 and also apply for EAD, if approved the I-94 and EAD will be given till Mar 2016 to match your I-94.

Also, after June 2013, if you or your husband leave US then in order to return a new visa stamping has to be done.

This is my opinion not legal advice.

[rachu008]

Thank you so much for your response.

Its L1 B visa. I have not completed 5yrs stay.

I got my L1 visa is in 2010. I hardly stayed in USA for 5months. Recently I came to USA in march 2013. And i have I 94 valid till march 2016.

And I will go back to India after 2years.

[raghvi]

In that case, as said earlier, your spouse's EAD will depend on his I-94.

This is my opinion not legal advice.

[rachu008]

Thank you so much for your response