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  • L2 extension and EAD

    I am planning to file L2 extension for my dependents(I539,I539A). My dependent spouse has EAD valid until July 2022.
    Please help to answer the below queries
    1.Should I need to process I539 and I765 concurrently
    2.Do we have premium processing for I539
    3.Can my wife continue to work with her I539 filing receipt or its mandatory to have I539 & EAD approved
    I got extension (L1A primary applicant) until July 2024 and starting the process late for my dependents

  • #2
    Originally posted by saan2meena View Post
    1.Should I need to process I539 and I765 concurrently
    Yes, you can file both concurrently & it is advisable.
    Originally posted by saan2meena View Post
    2.Do we have premium processing for I539
    No.
    Originally posted by saan2meena View Post
    3.Can my wife continue to work with her I539 filing receipt or its mandatory to have I539 & EAD approved
    With new rule, she can continue to work.
    - 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.

    Comment


    • #3
      Originally posted by Libra_14 View Post
      With new rule, she can continue to work.
      I don't think this is true. She needs valid L2 I-94 to work, and she won't get that until the I-539 gets approved.

      This is my personal opinion and is not to be construed as legal advice.

      Comment


      • #4
        Hi ,
        I would like to know if the following step has worked out for anybody in past -
        1. Apply for spouse I 539 so that she can continue to stay beyond her current L2 petition expiry date
        2. Simultaneously keep looking for L2 visa stamping dates in India at any of the consular locations
        3. Once date is confirmed , spouse will travel to India from US for stamping
        4. Since she has travelled out of US, the I 539 application becomes null and void (this is what I need to confirm because I have only read that form becomes null and void , not sure if actually this is updated on time)
        5. She gets her visa stamped with L1A's approval notice
        6. She travels back with her new visa and latest I 94

        The concern is how does consular office treat I 539 extension in conjunction with visa stamping as fresh applicant in the above case . Is there a situation where the consular officer determines that I 539 is still pending decision and rejects stamping .

        Thanks in advance !

        Comment


        • #5
          Originally posted by chandan6025 View Post
          Hi ,
          I would like to know if the following step has worked out for anybody in past -
          1. Apply for spouse I 539 so that she can continue to stay beyond her current L2 petition expiry date
          2. Simultaneously keep looking for L2 visa stamping dates in India at any of the consular locations
          3. Once date is confirmed , spouse will travel to India from US for stamping
          4. Since she has travelled out of US, the I 539 application becomes null and void (this is what I need to confirm because I have only read that form becomes null and void , not sure if actually this is updated on time)
          5. She gets her visa stamped with L1A's approval notice
          6. She travels back with her new visa and latest I 94
          That sounds like a reasonable plan, if she doesn't currently have an unexpired visa. (If she has an unexpired visa, she doesn't need to get a new visa. She can just leave the US and re-enter and be admitted until the expiration of the new L1 petition.)

          Originally posted by chandan6025 View Post
          The concern is how does consular office treat I 539 extension in conjunction with visa stamping as fresh applicant in the above case . Is there a situation where the consular officer determines that I 539 is still pending decision and rejects stamping .
          That doesn't make sense. I-539 is for status during a stay in the US. A visa is for entry to the US. They are completely unrelated.

          This is my personal opinion and is not to be construed as legal advice.

          Comment

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