L2 Extension Delay - Grace Period

[mbnsree]

Hello Friends,

Is a L2 dependent allowed to stay in US while his L2 Visa extension application is pending with USCIS? If yes, how many he/she is allowed to stay in US after the visa expires during the pending application.

thanks,
Sree

[Gina1808]

Hi - yes, as long as Form I-539 is filed before the current L2 visa / I-94 expires (45 days to 6 months before expiry is the standard window published by USCIS), the person can stay in the US. There is a time limit on valid employment authorization (which is unlikely to apply here because EAD expiry usually matches L2/I-94), but no limit on stay that I'm aware of.

"Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94."