L2 EAD approval without I-539 approval

[sskumar79]

Hello Friends,

My husband just got his L1A extension approval, but my I539 adjudication is in-process, and as you all know it will take more than 4 months.

If I apply EAD with Premium processing,

1) Does USCIS approve the EAD based on my spouse(principal) i-129 approval?

If answer is "NO" for the above question,

2) What are the alternative ways to get the EAD approved faster?

Thanks.

[Nwjrny]

You may apply for EAD basis spouse approval, but it will be approved after your 539 approval. There is no Premium processing for EAD

[Libra_14]

If this is the first time you applied for EAD, then there is no way to expedite it, you've to wait for your 539 approval followed by EAD.

If you had EAD earlier, it is auto renewed for 180 days if you filed for extension before its expiry (new policy).

[newacct]

If you had EAD earlier, it is auto renewed for 180 days if you filed for extension before its expiry (new policy).

Only if they have valid L2 I-94, which they don't right now.

[sskumar79]

I had EAD, but I have not renewed it later. However, I don't have valid I-94 either.
Can I work using the I94 on I-797A(Approval Notice) for the current extension which is in process? or I must reenter and get new I94 from CBP?

[newacct]

If you have a valid L2 I-94 (an EOS/COS approval comes with an I-94; it doesn't have to be one from entry), you can work for 180 days after EAD expiration if you have EAD renewal pending.

If they give you an I-94 that indicates you as an L2 spouse, you may be able to work with that. I have seen some people saying CBP may be issuing them; I don't know if USCIS is. Also, the I-9 doesn't seem to have been updated to accept it as proof of work authorization yet.