L2 EAD expiry

[sub1976]

Hello Senior Member -

Request your guidance on my current situation.

I am on L2-EAD valid till August 2012. My spouse L1 visa is due for renewal in August 2012.

Q1) If we file for L1 extension in April and if it gets rejected say in June, do we need to move out of country immediately? Or since our original visa date is till August, can we continue to work?

Q2) If Company A files for H1 in April 2012, I believe approvals will come only in Oct 2012.
Suppose my spouse's L1 gets rejected in August, can I continue to stay in country till Oct 2012 when I get H1 approval/rejection status? Note my I-94 is valid till Aug 2014.

I understand that I can not work from AUG-OCT since my EAD would have expired and my H1 status will be unknown. Can I be on loss of pay and stay in country since I-94 is valid during this period.

[kabkaba]

Hello Senior Member -

Request your guidance on my current situation.

I am on L2-EAD valid till August 2012. My spouse L1 visa is due for renewal in August 2012.

Q1) If we file for L1 extension in April and if it gets rejected say in June, do we need to move out of country immediately? Or since our original visa date is till August, can we continue to work?
You can continue until your I-94 date.
Q2) If Company A files for H1 in April 2012, I believe approvals will come only in Oct 2012.
Suppose my spouse's L1 gets rejected in August, can I continue to stay in country till Oct 2012 when I get H1 approval/rejection status? Note my I-94 is valid till Aug 2014.
Assuming your spouse's L1 I-94 is also valid up to 2014, there is no need of any extension at all. But however your L2 status dependent on L1 status. So if L1's I-94 is expiring and extension is rejected, you cannot remain in the US.

I understand that I can not work from AUG-OCT since my EAD would have expired and my H1 status will be unknown. Can I be on loss of pay and stay in country since I-94 is valid during this period.
You can extend your EAD based on I-94.

When does your spouse's I-94 expire?

[sub1976]

When does your spouse's I-94 expire?

Unfortunately my spouse's I-94 expire in August.

Regarding extension of L2-EAD, Are you saying that
a) if my spouse's L1 extension gets rejected
b) My H1-B is under approval for Oct 2012 and
c) My I-94 is valid till 2014
==> implies I can extend L2-EAD based on I-94? I think I am understanding incorrectly. If L1 gets rejected, then L2-EAD is not valid as well..right?

[kabkaba]

Technically L2 status depends on L1 status and since your spouse's I-94 is expiring you will go out of status if L1 I-94 expires. Your I-94 is longer as a result of a mistake from the CBP officer at POE. But that is fine as long as the L1 extension is approved.
If L1 extension is denied, and when you apply for L2 EAD renewal, they will look at the L1 I-94 and deny the EAD application as well. What happens to the H1 change of status is subjective (cannot be predicted).

You should consult an experienced attorney of your own to understand your options.

[sub1976]

Thanks Kabkaba.. it makes sense. Appreciate your guidance.