L1visa expired, valid I94, L2 expired, spouse in India, need L2 again

[moudascts]

H,
I have L1B visa which expired on 29th June,2012 but I have valid I94 till 5th Nov,2014. Currently I am staying in USA as I94 is valid. My spouse had L2 and came to USA this year and returned back to India. His L2 visa and I94 was valid till 29th June,2012, so both visa and I94 expired. Now he needs to come back again to USA.

I have two questions:

Can my company again apply for his L2 based on my I94 validity?
If he gets L2 and come to USA, can he apply for EAD as My L1B has I94 validity till 5th Nov, 2014?

It will be really help you if you can answer my questions ASAP as based on that I have to make few imp decisions.
Thanks a lot in advance for your help !!

[shervin143]

Can my company again apply for his L2 based on my I94 validity?
>>> A petition for L2 cannot be filed for someone who is outside U.S. Your spouse need to get the L2 visa stamped based on your valid L1 petition. He will need your L1 petition and a valid L2 visa to travel to U.S and to get a new I-94 at the POE. Since your petition already expired, none of these are possible. Your I-94 is no use to your spouse.

If he gets L2 and come to USA, can he apply for EAD as My L1B has I94 validity till 5th Nov, 2014?
>>> First of all, he will not eb able to enter U.S without a valid L2 visa and valid L1 petition. EAD cannot be renewed based on your I-94. They will need your L1 petition for that.

[maruti3051]

Thanks for a great answer to a same question. But in my scenario, i have got the extended petition and it is valid for another 2years. so right now i have not a valid visa but had a petition.

Can my wife go for L2 in India with my extended petition?

Thank You.

[onewtonb]

Yes, she can go for L2 stamping using your extended petition. My dependants did the same thing.

[shervin143]

Yes.

Thanks for a great answer to a same question. But in my scenario, i have got the extended petition and it is valid for another 2years. so right now i have not a valid visa but had a petition.

Can my wife go for L2 in India with my extended petition?

Thank You.

[maruti3051]

Thank you Guys.