EAD permissions to work

[dean2016]

Hi all,

I am on an L1-B visa, my wife on a blanket L2. She has had her EAD and been working for just over a year now. 2 weeks ago her visa expired, she filed for the I-765 about 2 months ago. My L1 visa is being extended and a RFE was just filed. I do not yet know what evidence they require.

I have 2 questions:

1. Does my L1 visa need to be extended prior to my wifes EAD being processed and granted? Is her visa completely dependent upon mine?
2. Her i-94 is valid until December 2016, is she able to continue working while her EAD is in process? She currently is on temporary unpaid leave.

Thanks!
Dean

[raghvi]

Hi all,

I am on an L1-B visa, my wife on a blanket L2. She has had her EAD and been working for just over a year now. 2 weeks ago her visa expired, she filed for the I-765 about 2 months ago. My L1 visa is being extended and a RFE was just filed. I do not yet know what evidence they require.

I have 2 questions:

1. Does my L1 visa need to be extended prior to my wifes EAD being processed and granted? Is her visa completely dependent upon mine?
2. Her i-94 is valid until December 2016, is she able to continue working while her EAD is in process? She currently is on temporary unpaid leave.

Thanks!
Dean

When is your visa, I129, I797, I94 expiring?

[dean2016]

When is your visa, I129, I797, I94 expiring?

I94 expires 12/14/2016

Thanks

[raghvi]

I94 expires 12/14/2016

Thanks

What about your visa, I129, and I797 expiration date?

[dean2016]

What about your visa, I129, and I797 expiration date?

sorry for delayed response:

I-797 exp: 12-15-16
I cannot see an I 129 form or exp date

[raghvi]

sorry for delayed response:

I-797 exp: 12-15-16
I cannot see an I 129 form or exp date

Am confused. Why is her EAD and visa expiring before her I94 and before your visa, I797 and I94.

This is my opinion not legal advice.

[dean2016]

Am confused. Why is her EAD and visa expiring before her I94 and before your visa, I797 and I94.

This is my opinion not legal advice.

Not too sure, could it be timing of when she requested? Should the EAD expire on the same date as her I-94? & I-797?

[raghvi]

Not too sure, could it be timing of when she requested? Should the EAD expire on the same date as her I-94? & I-797?

Ideally all should.

She cannot work with an expired EAD, even if a new one is in process.

This is my opinion not legal advice.

[dean2016]

Ideally all should.

She cannot work with an expired EAD, even if a new one is in process.

This is my opinion not legal advice.

Thanks for the advice, she had stopped working.

An update they processed her visa EAD, but it's only valid from 11/3/2016 until 12/14/2016 ..... It's an infuriating process, after paying the fee, and waiting months they have given her a few weeks to be able to work. Her employer is a top 50 fortune company. Would they be able to help expedite the process do you think?

I am still waiting for my extension on the L1-B.

[raghvi]

Thanks for the advice, she had stopped working.

An update they processed her visa EAD, but it's only valid from 11/3/2016 until 12/14/2016 ..... It's an infuriating process, after paying the fee, and waiting months they have given her a few weeks to be able to work. Her employer is a top 50 fortune company. Would they be able to help expedite the process do you think?

I am still waiting for my extension on the L1-B.

Well USCIS only tried to do the right thing by bringing EAD in line with I-94 and your I797 expiry. I dont know how her employer can help her, instead, your employer should respond to your extension RFE as soon as feasible and upgrade your L1 extension to premium so that it can have a speedier decision and if approved, it will help in getting your spouse's EAD extended too.

This is my opinion not legal advice.

[dean2016]

Well USCIS only tried to do the right thing by bringing EAD in line with I-94 and your I797 expiry. I dont know how her employer can help her, instead, your employer should respond to your extension RFE as soon as feasible and upgrade your L1 extension to premium so that it can have a speedier decision and if approved, it will help in getting your spouse's EAD extended too.

This is my opinion not legal advice.

Understand, and you are correct. This time last month we updated our case to Premium, however that is still a very slow, process Thanks for all information.