Can I stay beyond I94 while L2 processing

[ganeshkudale]

Hi,

Currently I am in US on L1-B visa.
I have applied for visa extension L1-B and for my spouse L2. Its more than two months for application and application is still in process.
As I have applied on time I am allowed to stay (on L1-B) beyond I-94 till I get decision or max 240 days.
My question is can my spouse also stay in US for 240 days or till we get the VISA decision?
We have received receipt of application; based on this receipt can she apply for EAD renewal concurrently?
Also for this period do we get any extension for driving license in CA?

Your valuable response is appreciated.
Thanks in advance.

[shervin143]

Currently I am in US on L1-B visa.
I have applied for visa extension L1-B and for my spouse L2. Its more than two months for application and application is still in process.
As I have applied on time I am allowed to stay (on L1-B) beyond I-94 till I get decision or max 240 days.
My question is can my spouse also stay in US for 240 days or till we get the VISA decision?
>>> Is the extension of status filed for your wife as well? If YES, then did you file it before her I-94 expiry date (Application for extension of stay should have reached USCIS bfore the I-94 expiry date)? If the answer to both the questions are YES, then she can stay until a decision is madeon her case.

However, remember, if the extension of stay gets denied, then any time spent in U.S after the current I-94 expiry date will be considered as illegal stay.

We have received receipt of application; based on this receipt can she apply for EAD renewal concurrently?
>>> You should have filed the EAD extension along with the L2 extension.

Also for this period do we get any extension for driving license in CA?
>>> You need a valid petition to get a CA driving license. CA driving license cannot be renewed based on the receipt notice.

[ganeshkudale]

Thank You very much.

Thank You very much.

Currently I am in US on L1-B visa.
I have applied for visa extension L1-B and for my spouse L2. Its more than two months for application and application is still in process.
As I have applied on time I am allowed to stay (on L1-B) beyond I-94 till I get decision or max 240 days.
My question is can my spouse also stay in US for 240 days or till we get the VISA decision?
>>> Is the extension of status filed for your wife as well? If YES, then did you file it before her I-94 expiry date (Application for extension of stay should have reached USCIS bfore the I-94 expiry date)? If the answer to both the questions are YES, then she can stay until a decision is madeon her case.

However, remember, if the extension of stay gets denied, then any time spent in U.S after the current I-94 expiry date will be considered as illegal stay.

We have received receipt of application; based on this receipt can she apply for EAD renewal concurrently?
>>> You should have filed the EAD extension along with the L2 extension.

Also for this period do we get any extension for driving license in CA?
>>> You need a valid petition to get a CA driving license. CA driving license cannot be renewed based on the receipt notice.

[dazed378]

To shervin143

shervin143,
Are you sure if visa extension gets denied, the illegal stay will count from I-94 expiry date? I have read in other forums that it will count from the date of denial.

[kabkaba]

Stay is counted from I-94 date.
The denial notice gives the applicant a 30 day window to leave before starting removal proceedings.