How long dependent can stay when the L2 extension is pending?

[uks19]

Hi All

I cannot find anyone getting approved with L-2(I-539) and EAD (I-765) for 2021.

My spouse's L1 extension was approved almost 10 months back via premium processing. L2 and EAD extension were gone in one packet, but we all know how things are, so the waiting game is on. Strange is my biometrics is also completed 6 months back, and still, there is no news.


My timeline is below!


L1/L2/EAD renewal filed in one packet on July 30th, 2020 (Texas Service Center)

L1 extension approval received on August 15th, 2020 ( Premium Processing )

EAD expedite denied in Dec 2020

L2 expedite denied in Jan 2021

L2 biometric appointment completed in Dec 2020 1st week.

• I have already extended my driving licenses till September 2021 (240 days thing)
• What if till September I don't receive anything? Do I have to leave the country while my case is still pending?

I-140 and I-485 are filled in April 2021 concurrent and received the receipt notice this month May 2021 as well.

Best,

[newacct]

There is no "240 day thing". You can stay for as long as the Extension of Stay or Change of Status application is pending, with no time limit (even if it takes years), and this is true for all statuses. You might be confused with the fact that people in work statuses are authorized to work for 240 days after their I-94 expires when the extension is pending, but L2 is not a work status (it is not authorized to work incident to status), so that is irrelevant.

[Libra_14]

I-140 and I-485 are filled in April 2021 concurrent and received the receipt notice this month May 2021 as well.

Since you have filed I-485 as well, you can stay in USA legally till I-485 decision is made forget about L2 extension now.

[uks19]

newacct Thank you for the info. Might be I got confused as my driving license was extended for 240 days only. As it was expired in Dec 2020 and extended till Sep 2021.

Libra_14 Thank you but this wait for I-539 is never-ending and. My major project got stuck due to I-765 expired and waiting for this as well. I have not seen anyone recently getting I-539 extension approval and I-765 approval. USCIS removed Biometrics for this and other forms but doesn't know how this will speed up. The processing time keeps changing and goes backward like 20+ days.

[Libra_14]

I have not seen anyone recently getting I-539 extension approval and I-765 approval.

Yes, These forms were on the last priority for USCIS so far because of huge applications they got for I485.

USCIS removed Biometrics for this and other forms but doesn't know how this will speed up.

Earlier USCIS use to keep these applications on hold until they can schedule an appointment for biometrics. Since this requirement is removed now, these application won't be kept on hold - hence faster response.

[uks19]

Libra_14 That is weird how come USCIS says this is the last priority because of XYZ this is unlawful and this should not be the case. Each and every application is important and they are responsible to work on it in timely manner. If not they must find a way around to help applicants not keep them hanging.

Also, I hope this biometrics withdrawal actually speeds up! Believing in any action from USCIS is getting hard day by day.

[Libra_14]

Libra_14 That is weird how come USCIS says this is the last priority because of XYZ this is unlawful and this should not be the case. Each and every application is important and they are responsible to work on it in timely manner. If not they must find a way around to help applicants not keep them hanging.

Also, I hope this biometrics withdrawal actually speeds up! Believing in any action from USCIS is getting hard day by day.

That's a debatable point.

USCIS is not sitting idle & doing nothing at all. They are working on priority applications first. I539 is low priority, since you can still live indefinitely until the application is processed.

L2-EAD can be considered as privilege & not your right.

[uks19]

Libra_14 What you are saying is also debatable!

[Libra_14]

Libra_14 What you are saying is also debatable!

I agree with you as well uks19

[uks19]

Libra_14 :-) Thank you for giving all the answers.