L1A Approved - Need L2's extension

[haisylu]

I recently got my L1A (change of status from L1b to L1A) approved but my company forgot to apply for wife and my Son even though I provided the i539.
Currently their i94 is expired and my company has filed the extension based on my approved petition. My questions are:

1. Can they travel with an expired i94 and once I receive the extension I can send it to India and they can go for stamping in India?

2. My travel department said its not advisable for L2s to travel with expired i94, is it true?

3. Generally how long it takes for USCIS to provide the extension for L2 based on an approved petition, is there a way to expedite it?

Thanks,
Sylace

[kabkaba]

I recently got my L1A (change of status from L1b to L1A) approved but my company forgot to apply for wife and my Son even though I provided the i539.
Currently their i94 is expired and my company has filed the extension based on my approved petition. My questions are:

1. Can they travel with an expired i94 and once I receive the extension I can send it to India and they can go for stamping in India? -- Once they leave the US, the extension of status application becomes meaningless. They can then just obtain L2 Visas like before (using the L1 petition) and return to US to get appropriate I-94's. However, the period of stay from their I-94 expiry to departure form US will be considered illegal. In order to avoid that they should wait for the decision on their backdated I-539 application. (Assuming it was filed as backdated)

2. My travel department said its not advisable for L2s to travel with expired i94, is it true? -- They can certainly leave the US and return as mentioned above, without any problem.

3. Generally how long it takes for USCIS to provide the extension for L2 based on an approved petition, is there a way to expedite it? -- 2 to 3 months is normal, there is no way to expedite it.

Thanks,
Sylace

See above.

[haisylu]

Thanks

Thanks for your response.

Regards,
Sylace