L1A renewal approved, no L2 for up to 10 months. Do I have to leave the USA?

[USEH]

Title says it all. My spouses L1A was renewed and the lawyer just advised us it could take up to 10 months for the L2. I'm not sure if I need to leave the country. Thanks!

I can't ask the lawyer this until tomorrow so I thought I'd ask here first. I'm obviously a bit concerned as I don't want to jeopardize anything.

[Gina1808]

Hi! I'm in the same boat, been waiting for I-539 to be approved since mid-October 2020. Texas service center.
From what I know, as long as form I-539 is submitted before the current L2 expires, you are allowed to stay in the country. It is not advised to leave during the processing because I-539 is extension of *stay*. If you leave, you'll have to go to the US consulate to get a new visa before you are allowed to re-enter.
Good luck.

[USEH]

Thanks! I was worried!!!

[kguduri]

if you file L2 extn , 539 before the exipry of I94, you are good. the 240 day rule does not apply for L2 or H4 as long as the primary applicant visa is approved/ applied for extension.
you guys should be good, stay calm and be safe.

[KSC90]

Hi! I'm in the same boat, been waiting for I-539 to be approved since mid-October 2020. Texas service center.
From what I know, as long as form I-539 is submitted before the current L2 expires, you are allowed to stay in the country. It is not advised to leave during the processing because I-539 is extension of *stay*. If you leave, you'll have to go to the US consulate to get a new visa before you are allowed to re-enter.
Good luck.

How long did it take you to get a biometrics appointment, out of curiosity? My partner's L2 renewal has been in since September 2020 but we've not heard anything since.

[Anand A]

Here's a USCIS document that answers the opening question :

https://www.uscis.gov/sites/default/files/document/guides/C1en.pdf

[USEH]

if you file L2 extn , 539 before the exipry of I94, you are good. the 240 day rule does not apply for L2 or H4 as long as the primary applicant visa is approved/ applied for extension.
you guys should be good, stay calm and be safe.

Thanks! I can relax a little now as the lawyer said the same thing.

[Gina1808]

How long did it take you to get a biometrics appointment, out of curiosity? My partner's L2 renewal has been in since September 2020 but we've not heard anything since.

Hi KSC90 - I have not received a biometics appointment yet From what I read, because of the covid-related ASC shutdowns in March-Jun 2020 and reduced capacity after, this is one of the factors that is increasing the waiting times - currently at 7.5-10 months in Texas service center.