EAD for L2 when L1 and L2 is under extension process

[rehan.surve]

Hi,

I am on L1B and planning to apply for EAD for my wife as she is on L2, but both my L1B and her L2 has expired and renewal is under process. Can I apply for EAD for her in such case, please advise.


Thanks,

[raghvi]

Hi,

I am on L1B and planning to apply for EAD for my wife as she is on L2, but both my L1B and her L2 has expired and renewal is under process. Can I apply for EAD for her in such case, please advise.


Thanks,

When is your I-94 expring ? You should wait for extension approval along with new I-94 to come first. If in a hurry ask comapny to upgrade extension request to premium.

This is my opinion not legal advice.

[rehan.surve]

When is your I-94 expring ? You should wait for extension approval along with new I-94 to come first. If in a hurry ask comapny to upgrade extension request to premium.

This is my opinion not legal advice.

Thanks Raghvi for the reply, my i-94 has same expiry date as my visa. So as per your suggestion i won't be able to apply for EAD until i get extension approval?

[rehan.surve]

Thanks Raghvi for the reply, my i-94 has same expiry date as my visa. So as per your suggestion i won't be able to apply for EAD until i get extension approval?

Any advise?

[kabkaba]

Yes, your wife will need a valid I-94 in order to apply for EAD.

[raghvi]

Any advise?

When is Visa expiring, when is I-94 expiring for you and your spouse?

If you apply EAD now in most probability it will either have the same date as your current I-94 or may go to RFE as you have alreayd applied for extension.

Your spouse's EAD is based on spouse's I-94 date. So if I-94 is expiring and you want an EAD you should first get a new I-94. Now the new I-94 will depend upon your L1 I-94, as L2 is dependent on L1. So without getting L1 and L2 and Extension filed and approved you will not get an new I-94 and subsequently not get an EAD to match the new I-94

This is my opinion not legal advice.

[rehan.surve]

When is Visa expiring, when is I-94 expiring for you and your spouse?

If you apply EAD now in most probability it will either have the same date as your current I-94 or may go to RFE as you have alreayd applied for extension.

Your spouse's EAD is based on spouse's I-94 date. So if I-94 is expiring and you want an EAD you should first get a new I-94. Now the new I-94 will depend upon your L1 I-94, as L2 is dependent on L1. So without getting L1 and L2 and Extension filed and approved you will not get an new I-94 and subsequently not get an EAD to match the new I-94

This is my opinion not legal advice.

Thanks a lot Raghvi, our i-94 has already expired in June and our extension process has started. So i was thinking if EAD can be applied with expired i-94 and visa, with just extension receipt number in hand.

[raghvi]

Thanks a lot Raghvi, our i-94 has already expired in June and our extension process has started. So i was thinking if EAD can be applied with expired i-94 and visa, with just extension receipt number in hand.

Technically you can. Many folks do apply for all three together in such circumstances as one leads to another. EAD will depend on I-94 which will depend on extension decision. As I said earlier, advisable to upgrade L1 extension request to premium to get a faster decision.

This is my opinion not legal advice.