EAD of L2 on i94

[anujmalhotra262]

Hi,

I have my L1B valid till Oct 2012 and I used this visa for only 20 months. I have couple of questions and would appreciate if someone can guide me on these questions:

1- If I travel before expiry of the Visa, what are the chances I will get i94 beyond expiry date of visa i.e Oct 2012 and for approx how many months?
( Note. Since I got this visa, I stayed in US for only 2 Yrs and 1 Yr is still unused and visa expires by end of Oct 2012)

2- If I travel in Aug 2012, can my company file L2 visa for my wife?

3- If Yes, for how long she will get her visa?

4- If I get i 94 for next 8-10 months, and I file L2 Visa for my wife then if she travels before Oct 2012, for how long she will get her I 94?

5- Can she travel after Oct 2012 and still be allowed to enter US though my Visa is expiring in Oct 2012 and if I get i 94 for additional 8-10 months

6- Can I file her EAD on the basis of her I94 Date knowing the fact that her Visa is till parent visa date i.e Oct 2012

Hope I was able to put the points in proper fashion and hope someone comes up with the answers.

[raghvi]

Hi,

I have my L1B valid till Oct 2012 and I used this visa for only 20 months. I have couple of questions and would appreciate if someone can guide me on these questions:

1- If I travel before expiry of the Visa, what are the chances I will get i94 beyond expiry date of visa i.e Oct 2012 and for approx how many months?
( Note. Since I got this visa, I stayed in US for only 2 Yrs and 1 Yr is still unused and visa expires by end of Oct 2012)

2- If I travel in Aug 2012, can my company file L2 visa for my wife?

3- If Yes, for how long she will get her visa?

4- If I get i 94 for next 8-10 months, and I file L2 Visa for my wife then if she travels before Oct 2012, for how long she will get her I 94?

5- Can she travel after Oct 2012 and still be allowed to enter US though my Visa is expiring in Oct 2012 and if I get i 94 for additional 8-10 months

6- Can I file her EAD on the basis of her I94 Date knowing the fact that her Visa is till parent visa date i.e Oct 2012

Hope I was able to put the points in proper fashion and hope someone comes up with the answers.

1. No one can put a number to how long your I-94 would be given for if you travel before expiry and return before expiry. Its all at the discretion of the VO at the POE, you may get I-94 for 3 Years or only till Oct 2012 even if you have used the visa only for 2 years. If you need to re capture the extra 1 Year you will need to file for extension. Generally recapture is done in the last phase.
2. If you get an I-94 beyond Oct 2012 then you can apply for wife's L2 I-94 extension based on your I-94.
3. She will not get a visa but an I-94 matching your I-94
4. Doesnt she already have an L2? If yes, you can only file extension of L2, if approved she will get extension till your I-94. If she travels and returns before Oct 2012 a new I-94 will be given at the POE. No one can predict what date that will be again its at teh discretion of the VO at the POE.
5. Assuming her L2 is also expiring Oct 2012, if she travels after Oct 2012 she has to go for stamping irrespective of your I-94. She can go for stamping only with your approved extension petition not based on your I-94.
6. Even if she files EAD now and it gets approved she will get it only till Oct 2012 i.e. current I -94 expiry. She will get an EAD with expiry beyond Oct 2012 only if she has an I-94 beyond Oct 2012.
She will get I-94 beyond Oct 2012 only if she leaves US before Oct 2012 and returns back and gets a new I-94 at POE which is valid beyond Oct 2012 ( no guarantee similar to point 1 and 4 above) OR if she goes out side US and gets a new L2 , again, which will solely depend upon your extension approval.

The above is my opinion based on whatever little knowledge I have. Please seek expert guidance and advice too.

[anujmalhotra262]

1. No one can put a number to how long your I-94 would be given for if you travel before expiry and return before expiry. Its all at the discretion of the VO at the POE, you may get I-94 for 3 Years or only till Oct 2012 even if you have used the visa only for 2 years. If you need to re capture the extra 1 Year you will need to file for extension. Generally recapture is done in the last phase.
2. If you get an I-94 beyond Oct 2012 then you can apply for wife's L2 I-94 extension based on your I-94.
3. She will not get a visa but an I-94 matching your I-94
4. Doesnt she already have an L2? If yes, you can only file extension of L2, if approved she will get extension till your I-94. If she travels and returns before Oct 2012 a new I-94 will be given at the POE. No one can predict what date that will be again its at teh discretion of the VO at the POE.
5. Assuming her L2 is also expiring Oct 2012, if she travels after Oct 2012 she has to go for stamping irrespective of your I-94. She can go for stamping only with your approved extension petition not based on your I-94.
6. Even if she files EAD now and it gets approved she will get it only till Oct 2012 i.e. current I -94 expiry. She will get an EAD with expiry beyond Oct 2012 only if she has an I-94 beyond Oct 2012.
She will get I-94 beyond Oct 2012 only if she leaves US before Oct 2012 and returns back and gets a new I-94 at POE which is valid beyond Oct 2012 ( no guarantee similar to point 1 and 4 above) OR if she goes out side US and gets a new L2 , again, which will solely depend upon your extension approval.

The above is my opinion based on whatever little knowledge I have. Please seek expert guidance and advice too.

Hi,

I recently got married and i am in India.. My Company is asking me to travel onsite and my L1B Visa is valid till Oct 2012. My Concen was: If I travel to Onsite by Aug end, and If I get I94 for another 10 months and in between My company files L2 for my wife and she travels before expiry of my Visa and gets an I 94 till my I94 date, then Can I file EAD for her knowing the fact that Both of our visa's are getting expired by end of Oct and we both are on extended dates mentioned on I94.

Yes, I understand, Its as per VO at POE what dates he mentions on I94. It could be end of Oct till my Visa is there or could be 3 yrs or any number of months..

Please suggest.

[mrcoolbuddy]

It will be either end of oct 2012 or three years from your travel date.

Yes, you can apply for her L2 EAD if both of you have I-94s vaild beyond oct 2012. All the best.