L2B case, Visa expiry & filing I485

[soul_fly]

Hi,

I am in L2B and my visa is expiring December 1, 2020. My employer is sponsoring GC and will file I485 end of this month. Can I and my spouse (L1B) stay legally in US if I485 is filed but visa is expired? Or do we need to receive EAD to stay in US? At what stage before obtaining GC, me and my spouse can legally stay after visa expires?

[Libra_14]

Depends upon your current nationality.

Once you file I485 (if you are eligible), then you can stay in USA legally.

However you cannot work in absence of EAD & L2B petition (you need either of it to be valid to continue working after Dec 1st).

[soul_fly]

Libra_14 Thanks a lot for your response. Appreciate it!