EAD RFE- L1A extension

[sarahw]

Hi,

My husband's L1A and my L2 & our I-94 is going to expire on Dec 1st.
My husband's company is going to file his L1A extension. I filed my EAD extension and and received RFE as our I94 is not valid after Dec 1st.

Does L1A extension process provide any such document based on which I can extend my EAD?
Do they provide temporary I-94?

Appreciate your response.

Thanks.

[kabkaba]

It was wrong to file for EAD when your status is not valid after Dec 1.
When your husband's employer files L1 extension, you or his company on your behalf has to file I-539 to extend your own I-94. You can send another EAD application in the same envelope (will certainly work). Or alternatively in response to the RFE you can send a copy of I-539 receipt notice (this may work and assumes I-539 is filed within the RFE response deadline).
There is no temporary I-94. Having extension receipt gives you a temporary authorized stay while the application is adjudged, but for working you need a valid EAD and they will not issue EAD until I-94 is extended. Unfortunately you will have to stop working when your current EAD expires if new EAD is not received by then.

[sarahw]

Thank you for your response.

In RFE they are asking for I-539....my husband's employer is going to file exteinsion in a day or two.

If I send a copy of I-539 in response to my EAD RFE....what are they going to do?
Will USCIS put my application on hold?

Appreciate your response.

Thanks,
Sarika

[kabkaba]

Don't send I-539 in response to RFE. Send a copy of the receipt notice for the I-539 (you will get the receipt in max 2 weeks after filing) and a letter explaining everything. They will not process the EAD application without first extending your I-94. You can upgrade the L1 petition to premium and hope that both L1 and L2 extensions are handled in premium so that new EAD is issued before the current one expires.

[sarahw]

Thanks a lot.

One more question....is it possible that L1 gets extended I-94/Visa and L2 be pending?

thanks,
Sarika

[kabkaba]

Yes, that is possible. USCIS adjudges H1 and H4 extensions separately (even if filed together) these days. They may do the same with L1, L2.

[sarahw]

Thanks.