L2 EAD extension based on Spouse I94

[NitinJ]

Hi,
My L2 Visa is till JAN 2020
My I-94 is JAN 2020
My EAD is JAN 2020

My spouse L1A Blanket
Visa till JAN 2020
I-94 is Nov 2021


My spouse company mentioned its not possible to file for L1 visa extension as I94 is valid for more than 6 months. Is it USCIS rule for L1A extension be filed only when I-94 expiry is in next 6 months ?

Also if above is true can I file for my I-94 & L2 EAD extension together ? I am worried if I apply in sequence for I-94 extension and than EAD extension the time its taking I might miss to get EAD in time before its expiry date.

If I fly overseas is there a request I can make at immigration to give me I-94 in line with my spouse and than apply for EAD based on I-94 ? Will this be quicker ?

Please help and provide your observation

Thanks, Reet

[Libra_14]

Visa is merely for entry purpose, so visa expiry is irrelevant for your extension. One always extends its petition (I797) or stay (I94), but not Visa. Visa is renewed.

The L1A extension need will be defined by the petition expiry date. If the petition is indefinite, then it will be his I94 for petition extension. For L2, you'll need to file for EOS (i.e. Extension of stay), based on your L1's I94 & petition.

Yes, you can file for your extension & EAD together & it will take 3 to 6 months to get it approved in current scenario.

Yes, flying out of country & re-entering will give you extended I94 immediately (and most probably matching your husband's I94 - you won't need to ask for it) .

Upon returning to USA, you can file for EAD the very same day (but it will still take 3 to 6 months of time in approval).

[NitinJ]

Thanks so much Libra, the information is very helpful. will try to get the I94 extension by going out of country and than applying for EAD extension. Hopefully it works out

[Libra_14]

Thanks so much Libra, the information is very helpful. will try to get the I94 extension by going out of country and than applying for EAD extension. Hopefully it works out

Best of luck, please share your experience here with the forum, once you go through that.