L2 EAD renewal - right time to file

[aj12]

Thankful for this community and its members for always providing valuable advice in the time of need. Please consider the below situation and advise:

PED/L1/L2/EAD expiry: Aug 2020

L1/L2 visa renewal application: April 2020 (TSC)
There is a high chance of RFE on L1 and if that happens, my husband's company has a history of sending RFE responses only right before the due date.

I have not yet filed my EAD renewal yet.


My questions below:

1. Is it safe to file EAD with the L1/L2 extension application receipts around Jul/Aug 2020 (with current i94 dates that are due to expire in a few weeks)?
2. Or, should I wait until my husband's L1 is approved and my L2 is approved and then, file EAD with renewed i94 dates?
3. If I file right now, situation could arise that my husband gets RFE by jul end and then my EAD goes into RFE soon after. But husband's company takes forever to respond to RFE and it doesnt get cleared before my EAD RFE due date. Will that result in EAD rejection?


My employer wants me to file right now (option #3). Spouse recommends option #2 because its safest and he doesnt want me to get EAD denial. But I feel option #2 will take the longest amount of time and leaning towards option #1.

Any advice is much appreciated!

[ankitbansal2601]

Hi,

Below is my experience of my L1B Extension :

L1 B expired on 24th February 2020

Company filed all three together L1B,L2,L2 EAD on 7th November 2019
No Update till 7th March 2020 on the applications.
Converted to premium on 9th March.
Received RFE on 17th March
Tried to expedite EAD and L2 through congressmen.But the expedite request was denied
Company will send RFE by 1st week of June as three months will be over.They also respond to RFE at last moment only
L2 and EAD status shows as expedite request denied.

USCIS won't approve the L2 and EAD till L1 is approved.I would advice to file everything together.In case your visa gets approved after 4 months ,L2 will be approved after 5 months with EAD.

Presently visa processing time for L2 is around 5 months.

Hope this answers your question.

[aj12]

Thank you for sharing your experience!

The challenge in our case is that husband's company doesnt file EAD. We file it ourselves. Also, L1 and L2 goes to TSC while EAD goes to CSC. So, we have to think through and file EAD in such a way that if we get an RFE on both (L1 and EAD), EAD RFE should have a later due date.

[aj12]

Libra_14 - Could you please share an opinion on my situation mentioned above?

[Libra_14]

1. Is it safe to file EAD with the L1/L2 extension application receipts around Jul/Aug 2020 (with current i94 dates that are due to expire in a few weeks)?

Its safe, but when you file for EAD renewal in Jul/Aug you'll get your renewed EAD somewhere in Dec/Jan time frame - are you fine waiting without EAD?

2. Or, should I wait until my husband's L1 is approved and my L2 is approved and then, file EAD with renewed i94 dates?

L1 approval itself will take 5-6 months & if you file after that it will be another 5-6 months for EAD renewal. Better to file all these extension/renewals together.

3. If I file right now, situation could arise that my husband gets RFE by jul end and then my EAD goes into RFE soon after. But husband's company takes forever to respond to RFE and it doesnt get cleared before my EAD RFE due date. Will that result in EAD rejection?

File under everything premium processing all together & you'll get response of everything almost same time. L1 RFE won't impact EAD result.

My employer wants me to file right now (option #3). Spouse recommends option #2 because its safest and he doesnt want me to get EAD denial. But I feel option #2 will take the longest amount of time and leaning towards option #1.

In my opinion Option # 1 is the best.

[aj12]

Libra_14 - Thank you for your advice!

Going by Option #1, I filed for EAD this week (hopefully, L1 application will get a premium conversion).

[Libra_14]

Libra_14 - Thank you for your advice!

Going by Option #1, I filed for EAD this week (hopefully, L1 application will get a premium conversion).

Best of luck & keep us posted.

[aj12]

Libra_14

Sharing an update below and have a followup question too:

L1 application was converted to premium and got approved. After this, I raised a request to expedite the EAD and provided the L1 approval proof along with other supporting docs for my case. Its been over a month and I have contacted them multiple times but haven't received a conclusion yet. L2 extension application is still in received state.


My question is that if my expedite request gets picked up, will they consider L1's approval and i94 to issue an EAD or will they reject because my L2 and i94 is not yet extended?

[Libra_14]

My question is that if my expedite request gets picked up, will they consider L1's approval and i94 to issue an EAD or will they reject because my L2 and i94 is not yet extended?

Did you provided the L2 extension receipt copy along with L1 approval?

In both cases, there won't be any issue, however if the L2 extension receipt is not provided there may be an RFE.

[aj12]

I provided L1 & L2 extension receipts with EAD application. However, as a supporting doc for expedite, I shared the L1 approval. Waiting for a decision on the expedite now, its been 37 days since the request was initiated.

[Libra_14]

I provided L1 & L2 extension receipts with EAD application. However, as a supporting doc for expedite, I shared the L1 approval. Waiting for a decision on the expedite now, its been 37 days since the request was initiated.

The expedite request is normal & the request to expedite may or may not get approved. You really cannot do anything except waiting for their response.