Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

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

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

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

    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?

  • #2
    Originally posted by DevopsExpert View Post
    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.

    Comment


    • #3
      Thanks for your reply! Regarding the last point.

      Originally posted by raghvi View Post
      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?

      Comment


      • #4
        Originally posted by DevopsExpert View Post
        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.

        Comment

        {{modal[0].title}}

        X

        {{modal[0].content}}

        {{promo.content}}

        Working...
        X