Can I apply for L2 EAD when while L2 extension is still in Progress

[Nidya]

Hi,

My husband recently got his L1b extended.Iam on L2 dependent visa.My EAD got expired.
My question is Can I apply for EAD renewal while my L2 extension is still in progress?
DO I have to issue my i-94 for EAD renewal?I have plans of going to India so should I wait till I return from India
so that Iam issued a fresh I-94 and then have I apply for EAD renewal?Please advice..

[raghvi]

Hi,

My husband recently got his L1b extended.Iam on L2 dependent visa.My EAD got expired.
My question is Can I apply for EAD renewal while my L2 extension is still in progress?
DO I have to issue my i-94 for EAD renewal?I have plans of going to India so should I wait till I return from India
so that Iam issued a fresh I-94 and then have I apply for EAD renewal?Please advice..

Why you didnt apply for L1B extension, L2 extension as well as EAD renewal all in the same package?

Without putting in specific dates your questions cannot be answered accurately.

When is your L2 visa in passport expiring? When is your L2 I-94 expiring?

When you planning to visit India?

[Nidya]

Why you didnt apply for L1B extension, L2 extension as well as EAD renewal all in the same package?

Without putting in specific dates your questions cannot be answered accurately.

When is your L2 visa in passport expiring? When is your L2 I-94 expiring?

When you planning to visit India?

My husband's company processed his L1 extension.He had to go to Canada for stamping.His I-94 is valid till Sept 2015.They said we have to bear the cost of going to Canada/accomodation (FOr spouse and Kid)and all that stuff by ourselves which didn't seem to be a good idea since our Visa's can be extended from US itself.So he is going to apply for L2 visa extension for me and my kid thru his office.Still I haven't applied for L2 visa extension.We are planning to visit India in December.

But I want to get my L2 visa and EAD before I travel to INDIA.So wanted to know can I apply for L2 visa extension and EAD extension at the same time?

[raghvi]

My husband's company processed his L1 extension.He had to go to Canada for stamping.His I-94 is valid till Sept 2015.They said we have to bear the cost of going to Canada/accomodation (FOr spouse and Kid)and all that stuff by ourselves which didn't seem to be a good idea since our Visa's can be extended from US itself.So he is going to apply for L2 visa extension for me and my kid thru his office.Still I haven't applied for L2 visa extension.We are planning to visit India in December.

But I want to get my L2 visa and EAD before I travel to INDIA.So wanted to know can I apply for L2 visa extension and EAD extension at the same time?

When is your L2 visa in passport expiring? When is your L2 I-94 expiring?

Yes, you can apply L2 extension and EAD as long as your I-94 hasnt yet expired and you spouse has valid I-94.

L2 extensions and EAD generally takes more than 2 Months and there is no premium processing so you really don't have much time.

If you visa expires before your Dec re entry date you will need to attend new visa stamping in order to be allowed to return. Same for your kid.

This is my opinion not legal advice.

[Nidya]

When is your L2 visa in passport expiring? When is your L2 I-94 expiring?

Yes, you can apply L2 extension and EAD as long as your I-94 hasnt yet expired and you spouse has valid I-94.

L2 extensions and EAD generally takes more than 2 Months and there is no premium processing so you really don't have much time.

If you visa expires before your Dec re entry date you will need to attend new visa stamping in order to be allowed to return. Same for your kid.

This is my opinion not legal advice.

Thanks for your reply raghvi.......My L2 visa is expiring Oct 2013.I have an I-94 valid till July 2014.I will be getting my Visa stamping while I return from India.My husband's I-94 is valid till Sept 2015.

My question if I apply for EAD now then Iam afraid I will be getting it only till July 2014(since my I-94 is valid till that date).DO I have to wait for my Visa stamping( to get my new I-94) to apply for EAD ?

[raghvi]

Thanks for your reply raghvi.......My L2 visa is expiring Oct 2013.I have an I-94 valid till July 2014.I will be getting my Visa stamping while I return from India.My husband's I-94 is valid till Sept 2015.

My question if I apply for EAD now then Iam afraid I will be getting it only till July 2014(since my I-94 is valid till that date).DO I have to wait for my Visa stamping( to get my new I-94) to apply for EAD ?

Generally one applies L2 extension along with EAD. With L2 extension you should get I-94 to match your spouse's I-94 that is Sep 2015 and then EAD is granted to match the I-94 that is till Sep 2015.

But as I said, L2 extensions along with EAD can take more than 2 Months, and your travel in between complicates the same. If you can avoid travel till you get L2 extension and EAD well and good. Otherwise advisable to file for EAD after returning back.

This is my opinion not legal advice.

[Nidya]

Generally one applies L2 extension along with EAD. With L2 extension you should get I-94 to match your spouse's I-94 that is Sep 2015 and then EAD is granted to match the I-94 that is till Sep 2015.

But as I said, L2 extensions along with EAD can take more than 2 Months, and your travel in between complicates the same. If you can avoid travel till you get L2 extension and EAD well and good. Otherwise advisable to file for EAD after returning back.

This is my opinion not legal advice.

Now there's a new complication. Since my I 94 is valid till July 2014 his company is not ready to apply for L2 extension untill that time or untill I travel back to India.
So what Iam concerned is so I have to wait till I travel back from India which will be by end of Jan and after that If I apply for EAD it will be another 3 months..So I cannot get my EAD till April 2014.(His company is ready to process for my L2 but not for my EAD).So applying for my L2 extension and EAD @ the same time is not possible.

So Iam really very confused.

[raghvi]

Now there's a new complication. Since my I 94 is valid till July 2014 his company is not ready to apply for L2 extension untill that time or untill I travel back to India.
So what Iam concerned is so I have to wait till I travel back from India which will be by end of Jan and after that If I apply for EAD it will be another 3 months..So I cannot get my EAD till April 2014.(His company is ready to process for my L2 but not for my EAD).So applying for my L2 extension and EAD @ the same time is not possible.

So Iam really very confused.

Wondering how your EAD is not already matching the Jul 2014 date.

Company is right, USCIS doesnt process extensions for I-94 which are valid more than 6 Months in the future. And generally companies stop at processing only the dependent visa, and do not process EADs.

With that said, you can still go ahead and process both L2 and EAD on your own/your lawyer.


This is my opinion not legal advice.

[Nidya]

Wondering how your EAD is not already matching the Jul 2014 date.

Company is right, USCIS doesnt process extensions for I-94 which are valid more than 6 Months in the future. And generally companies stop at processing only the dependent visa, and do not process EADs.

With that said, you can still go ahead and process both L2 and EAD on your own/your lawyer.


This is my opinion not legal advice.

Thanks Raghavi, My EAD is not matching with my I-94 since my visa is valid till Oct 2013 and I-94 till July 2014(I went to India in between but after returning from India only I applied my EAD,They matched my visa and not I-94).So if I apply for L2 extn will USCIS process my L2 (Even if my I-94 is valid till July 2014).Will they not reject it? because that is reason stated..Isnt it??

[raghvi]

Yes. if you apply for extension now it will most probably be returned saying extension not required. The earliest you can apply for extension as per current I-94 is Jan 2014. But as you are travelling in Dec, go for stamping, and return and apply EAD.

Upon return if EAD processing takes longer than 90 days you can try to get an interim EAD too.

This is my opinion not legal advice.

[Nidya]

Yes. if you apply for extension now it will most probably be returned saying extension not required. The earliest you can apply for extension as per current I-94 is Jan 2014. But as you are travelling in Dec, go for stamping, and return and apply EAD.

Upon return if EAD processing takes longer than 90 days you can try to get an interim EAD too.

This is my opinion not legal advice.

Thanks Raghvi for all your replies.So in my case I cannot get my EAD in another 6 months......
If I apply for EAD extension now with my current I-94(valid till July 2014)(and expired L2) will they reject it?

[Nidya]

Thanks Raghvi for all your replies.So in my case I cannot get my EAD in another 6 months......
If I apply for EAD extension now with my current I-94(valid till July 2014)(and expired L2) will they reject it?

Any response please.???????

[raghvi]

Any response please.???????

Yes you can apply. They will not reject it. It will most probably come with Jul 2014 date.

This is my opinion not legal advice.

[Nidya]

Yes you can apply. They will not reject it. It will most probably come with Jul 2014 date.

This is my opinion not legal advice.

Thanks Raghvi !!