EB2 Green Card - Applying I-485 when my US L2 Visa is about to expire in 8 months

[nhatmn]

Hi everyone,

My employer is applying EB2 Green Card for me.

• Step 1 (PERM Labour Certification) is about to be done this month (April 2021)
• Step 2 (I-140 petition) will be processed right after that using premium processing, estimated time to be done: by mid of June 2021)
• The priority date for my case is current
• Step 3 (I-485): I'm working in the US with L2 Visa (EAD approved), depends on my spouse's L1 visa. We also have 1 daughter and she is L2 as well. After having the I-140 approved, I will submit application to change status and request Green Card for me, my spouse and my daughter.

The problem is my L2 Visa will be expired in Dec 2021.

Please help me with the questions below:

1. It's for sure my application of I-485 will be submitted before Dec 2021, the time my L2 Visa is expired. Am I legal staying in the US after that time, or I have to leave the US and process the next step at my country's embassy office?
2. Let say I will be legal staying in the US waiting for the Green Card. Do I need to submit for a new EAD card in order to continue my current work?
3. My spouse's L1 visa is expired the same time, Can she also apply for an EAD while we're waiting for the green card process?

Thank you so much.

[newacct]

If your priority date is current, you can file I-485 together with I-140, or while I-140 is pending. You do not have to wait until the I-140 is approved.

Also don't confuse visa and status. Visa is for entry, and status is for stay in the US. Your visa can be expired but you can extend your status (if your L1 spouse extends their status).

1. If your I-485 is filed before your status expires, you can stay legally in the US for as long as I-485 is pending.
2. Yes if you are no longer in L2 status
3. Yes