L1-B expiring, Valid I94, L2 and EAD concerns

[DevopsExpert]

My L1-B visa expires in November 2014. I had to travel to India (alone) last month and ended up with an I94 which is valid all the way till 2017. Since I travelled alone, my wife's I-94 still remains valid till the end of this year.

Current situation
My L1-B Visa expires : 21 Nov 2014
My I-94 expires: 29 June 2017
My L1-B extension process would kickstart in the second week of July.

Spouse L2 Visa expires: 21 Nov 2014
Spouse I94 expires: 2 Dec 2014
Spouse EAD expires: 2 Dec 2014

Questions
1. Can I work in Minneapolis till June 2017 based upon my I94 validity? Irrespective of whether the L1-B extension process succeeds or not. (I am aware of the fact that if I leave the US for ay reason anytime between now and 2017, this I-94 is canceled and I wouldn't be able to return back if I don't have a valid visa).

2. Now that I have an I-94 which is valid for a longer duration of time, what do you suggest should be the option for the L1-B extension? Should I go for the normal process or the accelerated one?

3. Worst case, if my L1-B extension doesn't go through, can my wife apply for an I-94 extension based on my new I-94? Would it be an easier approach if she just leaves the country for a few days and comes back again, hoping that she gets an I-94 matching my I-94's expiry date? Or is it preferable to apply for a new I-94 to USCIS?

4. Extension to the worst case situation above, can she apply for an EAD based on her new I-94 (which would be valid till June 2017)? Or does she need a valid L2-Visa for the same?

[raghvi]

My L1-B visa expires in November 2014. I had to travel to India (alone) last month and ended up with an I94 which is valid all the way till 2017. Since I travelled alone, my wife's I-94 still remains valid till the end of this year.

Current situation
My L1-B Visa expires : 21 Nov 2014
My I-94 expires: 29 June 2017
My L1-B extension process would kickstart in the second week of July.

Spouse L2 Visa expires: 21 Nov 2014
Spouse I94 expires: 2 Dec 2014
Spouse EAD expires: 2 Dec 2014

Questions
1. Can I work in Minneapolis till June 2017 based upon my I94 validity? Irrespective of whether the L1-B extension process succeeds or not. (I am aware of the fact that if I leave the US for ay reason anytime between now and 2017, this I-94 is canceled and I wouldn't be able to return back if I don't have a valid visa).

2. Now that I have an I-94 which is valid for a longer duration of time, what do you suggest should be the option for the L1-B extension? Should I go for the normal process or the accelerated one?

3. Worst case, if my L1-B extension doesn't go through, can my wife apply for an I-94 extension based on my new I-94? Would it be an easier approach if she just leaves the country for a few days and comes back again, hoping that she gets an I-94 matching my I-94's expiry date? Or is it preferable to apply for a new I-94 to USCIS?

4. Extension to the worst case situation above, can she apply for an EAD based on her new I-94 (which would be valid till June 2017)? Or does she need a valid L2-Visa for the same?

1. You can work only till 5 Years completes on L1B , irrespective of the fact that you have an I-94 beyond those five Years. So if you are completing 5 Years stay before 2017, you should leave upon five years completion.
2. If you apply for extension , it will most likely get rejected stating that your I-94 is valid for more than 6 Months in future hence no need of extension.
3. I wouldn't suggest you apply for your extension, rather apply only for spouse's L2 I-94 extension using I539 and your I-94.
4. Advisable to file L2 extension as well as EAD together.

This is my opinion not legal advice.

[DevopsExpert]

Thanks for your reply! Regarding the last point.

4. Advisable to file L2 extension as well as EAD together.

Can she apply for an L2 and EAD extension based on a valid I94? Doesn't by L1 status affect the application?

[raghvi]

Thanks for your reply! Regarding the last point.



Can she apply for an L2 and EAD extension based on a valid I94? Doesn't by L1 status affect the application?

You are in L1 Status till your I-94 expiry/5 Years completion on L1B so she is can claim her I-94 to match yours, and subsequently an EAD based on that.

The disadvantage of waiting for her revised I-94 to come and then applying for EAD is that you are lookign at 3-6 Months wait time for that to happen and there is no premium processing for it.

This is my opinion not legal advice.