Can I file L2 EAD renewal 9 months before expiry?

[sunshine0206]

Hi All. I have been reading about L2 EAD extension/renewal delays. My L2 EAD is valid until 04-February-2022. My I-94 is valid until 29-August-2022, so no immediate issues with my L2 visa. Given that EAD renewals are taking more time now, Can I file my EAD renewal now itself? I have around 9 months left on my EAD.

Some have mentioned that it is mandatory to file EAD renewal only 6 months before the expiry. I am not sure if it is a hard rule/limit and if it is mentioned in any website. Any suggestions or help in this regard will be very helpful. Thank you!

[Libra_14]

Its a hard rule, if you file before that they will return your package/application.

[sunshine0206]

Thank you so much Libra_14 for your quick response

Is the hard rule '180 days'? I did further searching and I found this link. https://www.uscis.gov/green-card/gre...ation-document. I see one section called 'Renew an EAD' which mentions the following:

If you are still eligible for employment authorization but your EAD will be expiring or has expired, you should file for a renewal EAD by submitting a new Form I-765 and filing fee (if required), unless a fee waiver is requested and approved. Generally, you should not file for a renewal EAD more than 180 days before your original EAD expires.

Given that the current processing time is longer than 6 months, I am thinking if I should give it a try. Worst case, if they are going to return the full package with the money order or cheque, I wouldn't be losing anything. I hope they don't retain their fees

[Libra_14]

I am thinking if I should give it a try. Worst case, if they are going to return the full package with the money order or cheque, I wouldn't be losing anything. I hope they don't retain their fees

I am not 100% sure, but yes, they will return the whole package.

[Gina1808]

I am not really aware of EAD delays for standalone L2 EAD filings. Sure, the published processing times are 5-10 months, though you can expect to be in the shorter end of that range because the longer range is caused by related Form I-539 processing times. I-539 is filed by those whose L2 visa is expiring, so it is not really relevant to your case.

[sunshine0206]

I am not 100% sure, but yes, they will return the whole package.

Thanks Libra_14

[sunshine0206]

I am not really aware of EAD delays for standalone L2 EAD filings. Sure, the published processing times are 5-10 months, though you can expect to be in the shorter end of that range because the longer range is caused by related Form I-539 processing times. I-539 is filed by those whose L2 visa is expiring, so it is not really relevant to your case.

Thanks Gina1808 for your comments. Glad to know about this. I think I will enter this (L2 + EAD renewal) situation post my current/first EAD renewal. This is because our L1/L2 expiry based on I-94 is Aug-2020. We will take one problem at a time :-) and hope the situation improves by then. Thank you!

[Gina1808]

Thanks Gina1808 for your comments. Glad to know about this. I think I will enter this (L2 + EAD renewal) situation post my current/first EAD renewal. This is because our L1/L2 expiry based on I-94 is Aug-2020. We will take one problem at a time :-) and hope the situation improves by then. Thank you!

Good news for you is that the Presidential proclamation limiting L travel and renewals has been lifted, plus with vaccinations the covid situation is improving. Look into renewing the visa at an embassy and re-entering the country to submit EAD renewal before falling into the USCIS black hole of I-539 processing. Good luck!

[Madore269]

I'll be sure to keep an eye on this thread. I was looking for the same issue.

[Nups]

I am L2 EAD holder. My EAD and I-94 will be expiring on December 11, 2021. I am planning to file my EAD renewal by June 20th, 2021 so that it will be within 180 days before EAD expiry and chances of getting final status in time will be higher. The problem is my Spouse's company will file for Visa extension for both (His L1 & my L2) in November 2021 i.e. one month before expiry of our I-94 and my EAD. So without I-797 Petition can I proceed with Renewal application? If Yes, what documents shall I submit? Any help in this matter would be appreciated.
Thank you.

[Gina1808]

I am L2 EAD holder. My EAD and I-94 will be expiring on December 11, 2021. I am planning to file my EAD renewal by June 20th, 2021 so that it will be within 180 days before EAD expiry and chances of getting final status in time will be higher. The problem is my Spouse's company will file for Visa extension for both (His L1 & my L2) in November 2021 i.e. one month before expiry of our I-94 and my EAD. So without I-797 Petition can I proceed with Renewal application? If Yes, what documents shall I submit? Any help in this matter would be appreciated.
Thank you.

Why are they leaving L1+L2 renewal so late? Submission date does not really matter because the extension will still be granted for 2 years after the current petition/status expiry.

Having L2 status is a pre-requisite for getting work authorization under A18 category. So you filing EAD now for extension beyond December without valid visa / I-94 is basically useless. Don't expect that your application will be pending and *****ally hit the queue after L2 status approval - it is very unlikely that USCIS will check if you have status at the time. Chances are that I-765 hits processing before L1+L2 extension is even submitted.

In my opinion your best shot is to file I-765 together with the L2 I-539. That way, I-765 will go into "suspense" and is directly linked to your status extension. That's what our lawyers did for mine. I've seen cases where employers don't pay for spousal EAD -- ask if they can still submit the form together if you prepare it and pay the fee. With biometrics appointment requirement getting cancelled, if you're lucky (USCIS haven't confirmed it yet), they might approve all 3 (L1 extension, L2 extension and L2 EAD) together.

Hope this helps!

[Anand A]

With biometrics appointment requirement getting cancelled, if you're lucky (USCIS haven't confirmed it yet), they might approve all 3 (L1 extension, L2 extension and L2 EAD) together.

Does not seem so from personal experience, although one can hope.

So, with the biometrics appointment requirements in place, let me tell you the timelines of my visa extension case :

1. L1 premium, L2 and L2 EAD applications filed together around end of Jan 2021 at CA service center
2. RFE on L1 issued within 10 days, received within next 8-10 days from then.
3. On the next day of RFE issuance, got to know that biometrics appointment for family got scheduled. Amazingly short time for this to happen. Appointment was scheduled for exactly 1 month from the filing date (around end of Feb 2021)
4. At the same time, USCIS website had some glitch / data entry error -- it started showin 2.5 - 4.5 months for L dependents extension too (it was a copy paste error and data from its previous line was repeated). Now it shows 12.5 - 16.5 months.
5. RFE response took some time and biometrics process was completed before RFE response.
6. Still, only L1 extension got approved. I am still waiting for L2 and L2 EAD extension approvals for spouse and kid.

Moral of the story : irrespective of biometrics appointments completion before L1 extension approvals, L2 and L2 EAD is delayed.

[Nups]

Gina1808 Thank you for your suggestion. My expectation of filing in advance sometime before filing visa extension petition is to get 240 days EAD when the status of visa extension is uncertain. I heard in some forum that if L1 visa gets extension for automatic 240 days L2 visa gets extended too and based on that USCIS issue EAD for 240 days period. If it stands right, what if I file for extension in say August end/September and Visa extension filing happens in October/November will I get EAD for 240 days? I believe in that scenario my L2 extension will already be filed by the time my EAD extension application goes in a queue. Case status will of course won't be before expiry of my current EAD but hopefully within 2-3 months after expiry. Any suggestion in this case will be appreciated. Thank you.

Also another question: If we convince my husband's employer to file for extension as early as possible can I file for EAD extension with receipt numbers of L1/L2 filing petition.

[Gina1808]

Gina1808 My expectation of filing in advance sometime before filing visa extension petition is to get 240 days EAD when the status of visa extension is uncertain. I heard in some forum that if L1 visa gets extension for automatic 240 days L2 visa gets extended too and based on that USCIS issue EAD for 240 days period.

The 240 day automatic extension only applies to L1 while the extension application is pending. There is currently *no* automatic EAD extension for L2 under *any* circumstances (filing receipt notice etc) - expiry date on the L2 EAD is hard.

If we convince my husband's employer to file for extension as early as possible can I file for EAD extension with receipt numbers of L1/L2 filing petition.

Yes you can, but I'd still recommend to file all 3 (L1 extension, L2 extension and L2 EAD) together if possible.

[souvikc]

Hi All - need a bit of guidance. I am on 1st time L1 and filing 1st time EAD for my spouse.. Can i and my spouse leave USA for 1 month (as i need to go to India) or will it invalidate the processing. Request your guidance please.

Thanks