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  • L2 EAD Extension

    My L1A is expiring on 26/JUN/2021 and extension has filed and it is approved. For L2 extension I539 is also filed and its with USICS currently. Need help and direction on the below.
    1. Per my Attorney I539 needs fingerprints and USCIS will be scheduling the appointment based on the availability in my nearby location. So there is a delay. My wife EAD is expiring on 6/26/2021. Question is Can I file using the EAD extension using the receipt number of the I539?
    2. Can my wife work while her Extension of EAD is progress even I539 (l2) is not approved?







  • #2
    Originally posted by Shreyas_C View Post
    Can I file using the EAD extension using the receipt number of the I539?
    I don't see why not, just make sure to provide the reference numbers / copies of your approved I-129 and the pending I-539. I-765 is unlikely to be approved before I-539 though (USCIS say I-539 needs to be approved first but my lawyer said they've seen a couple EADs come through before I-539).


    Originally posted by Shreyas_C View Post
    Can my wife work while her Extension of EAD is progress even I539 (l2) is not approved?
    No. L2 EADs don't qualify for auto-extension and her EAD will have expired. Her employer will likely have to place her on unpaid leave.
    I'm an L2 non-immigrant. My most recent I-539 and I-765 were submitted mid-Oct 2020, Texas SC and approved early August 2021.
    Make sure to sign up for USPS Informed Delivery. USPS sent back my first EAD and it took 5 months to get it re-mailed in 2018-19.

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    • #3
      Ideally, attorneys prefer to file extension for L1, L2 & EAD at the same time, but to answer your question - yes you can file EAD extension based on L2 extension receipt.
      The only concern is first L1 extension needs to be approved, only after that the L2 and EAD extension will be approved.
      Based on the current timelines, L2 EAD extension is taking up to 10-12 months, so your spouse needs to leave her job or may be leave without pay.

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      • #4
        Originally posted by mayank14june View Post
        Ideally, attorneys prefer to file extension for L1, L2 & EAD at the same time, but to answer your question - yes you can file EAD extension based on L2 extension receipt.
        The only concern is first L1 extension needs to be approved, only after that the L2 and EAD extension will be approved.
        Based on the current timelines, L2 EAD extension is taking up to 10-12 months, so your spouse needs to leave her job or may be leave without pay.
        Thanks for your reply. L2 extension have been filed along with my L1 extension. My L1A extension has been approved but L2 extension has not been approved yet and its still under received status

        My attorney told, L2EAD extension can be filed using my I129, but it will not be approved till the I539 is approved. My question is can my wife work on receipt notice of the EAD extension?

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        • #5
          Originally posted by Shreyas_C View Post
          My question is can my wife work on receipt notice of the EAD extension?
          No.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          If my opinion helping you, then please do click "like" button below.

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