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L2 dependent visa and PED expired , I94 valid, EAD valid

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  • L2 dependent visa and PED expired , I94 valid, EAD valid

    I have a few questions. Both me and my wife are in US.

    1. I am on an L1B-Blanket visa and my wife has an L2 dependent visa. Her stamping has already expired and her stamp also mentions PED - Feb 2016(expired now). She has an I-94 which is valid till Sept-2018. She also has an EAD which is valid till Jan 2018. I wanted to know if she is valid to stay in US and can work here till her EAD is valid or not?

    2. I have an L1B-Blanket and the visa stamping has expired in Feb 2016. My PED(I129S) is valid till 02/04/2017, i 797 valid infinite. My company asked me to file an extension or conversion to L1A hence I have opted for an L1A conversion because of being at a Managerial position.The process is in progress under premium processing for which i should have the result in a month. Would I be requiring a stamping and will have to go out of US for that immediately if it gets approved or can I continue working on my current L1B petition or I-94(valid till 08/17/2018).

    3. Will my wife need an L2 dependent visa & stamping redone once i get my L1A approved?

    4. With my L1A conversion would we need to file a new EAD for my wife or the current EAD would stay valid for her to continue working in US.

    5. We are planning to go visit our family in India sometime in February 2017 hence we need your advice on how should we go about it so that we face minimum risk of rejection.

    Below is the summary of the documents and the dates
    Wife - L2 Dependent
    Visa Stamping - Expired on feb 2016
    I-94 - Valid - sept 2018
    EAD valid - jan 2018

    Self- L1B - Blanket
    Visa Stamping - Expired feb 2016
    Petition(I129S) - feb 2017
    I797 - Valid Infinitely
    I-94 - sept 2018
    Conversion to L1A in progress.

    thank you in advance

  • #2
    Originally posted by Anujkaushik2000 View Post
    I have a few questions. Both me and my wife are in US.

    1. I am on an L1B-Blanket visa and my wife has an L2 dependent visa. Her stamping has already expired and her stamp also mentions PED - Feb 2016(expired now). She has an I-94 which is valid till Sept-2018. She also has an EAD which is valid till Jan 2018. I wanted to know if she is valid to stay in US and can work here till her EAD is valid or not?

    2. I have an L1B-Blanket and the visa stamping has expired in Feb 2016. My PED(I129S) is valid till 02/04/2017, i 797 valid infinite. My company asked me to file an extension or conversion to L1A hence I have opted for an L1A conversion because of being at a Managerial position.The process is in progress under premium processing for which i should have the result in a month. Would I be requiring a stamping and will have to go out of US for that immediately if it gets approved or can I continue working on my current L1B petition or I-94(valid till 08/17/2018).

    3. Will my wife need an L2 dependent visa & stamping redone once i get my L1A approved?

    4. With my L1A conversion would we need to file a new EAD for my wife or the current EAD would stay valid for her to continue working in US.

    5. We are planning to go visit our family in India sometime in February 2017 hence we need your advice on how should we go about it so that we face minimum risk of rejection.

    Below is the summary of the documents and the dates
    Wife - L2 Dependent
    Visa Stamping - Expired on feb 2016
    I-94 - Valid - sept 2018
    EAD valid - jan 2018

    Self- L1B - Blanket
    Visa Stamping - Expired feb 2016
    Petition(I129S) - feb 2017
    I797 - Valid Infinitely
    I-94 - sept 2018
    Conversion to L1A in progress.

    thank you in advance
    1. Yes she is fine to continue working.
    2. It depends how the L1B to L1A was filed and how it would be approved by USCIS. If you get a approval notice with new I-94 at the bottom, then you need not.
    3. Again depends upon the outcome of 2.
    4.If L1A approved with new I-94 no need for a new EAD.
    5. Come Feb 2017, you need to attend new visa interview in order to get a new visa. Your spouse would also need a new visa in order to be allowed to re enter US.

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you for the response.

      So by response to my 2nd question you mean if my L1A gets approved without a new I94 then irrespective of the validity of my current I-94 I am supposed to travel out of US for visa stamping and cannot continue working in US?

      Comment

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