Can I travel back to Canada while L2 I-539/I-765 is pending?

[toby_otto]

Hi all,

My spouse's company had filed L1/L2 extension, L2 (I-539 and I-765) with USCIS receipt date of 11/04/2020. L1 extension has been approved under premium processing on 11/13/2020.
We are looking to travel back to Canada on 12/07/2020, returning to the US in January 2021. As my I-539 and I-765 are still pending and I have not received my biometrics appointment, in order to enter the US in January 2021 to accompany my spouse, I have a few questions:

1. Could I apply for L2 Visa renewal with US consulate general in Canada under the emergency category?
2. By leaving the US for Canada, does it means that I am cancelling the ongoing I539 & I765 application?
3. If the consulate schedule a biometrics/L2 visa interview & approve L2 Visa Extension, will my I-765 EAD renewal be automatically approved at the same time?

Thank you!

[Libra_14]

1. Could I apply for L2 Visa renewal with US consulate general in Canada under the emergency category?

You can certainly get visa renewed, but not sure about emergency category.

2. By leaving the US for Canada, does it means that I am cancelling the ongoing I539 & I765 application?

Yes, you'll be abandoning your extension application.

3. If the consulate schedule a biometrics/L2 visa interview & approve L2 Visa Extension, will my I-765 EAD renewal be automatically approved at the same time?

The moment you leave USA, your I539 will be gone. But your I765 will continue & you might have to resubmit your new I94/visa copy once you return to USA for your I765.