Apply L2 during I-94 of L1

[Indhu_123]

Currently I am working in US in L1B visa and my visa expires on Jan 2013. My husband is also working in US in L1 B visa and his visa also expires on Jan 2013 but he has I-94 date till Nov 2013. Can I convert to L2 dependent of his visa while he is in I-94 after visa expiry?

[shervin143]

No. You cannot file L2 based on your husband I-94. Your husband should file the L1 extension and get an extended petition for you to file the L2. L1 extension and L2 can be filed at the same time. Even to get a L2 EAD, you need a valid L1 petition from your husband. His I-94 expiry date will not be of any use to you. His petition expiry date is what is important.