EAD renewal while L1, L2 Extension in progress

[us-im-1]

Hello all,

I am currently undergoing L1A visa extension process with I94 expiring in Feb-2018. I wanted to take your advice on below point:

My wife's EAD is expiring along with I94 in Feb-2018. Her I-539 for L2 visa extension will be filed along with my L1 visa extension petition. Can she continue to work after 2/16/2018 based on her I-539 application receipt number even after EAD card expiry? I read on some forums that "he/she may continue his/her previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days. " Pls advise.

Any advice will be really helpful. Thanks in advance.

[arajesh19]

Hello all,

I am currently undergoing L1A visa extension process with I94 expiring in Feb-2018. I wanted to take your advice on below point:

My wife's EAD is expiring along with I94 in Feb-2018. Her I-539 for L2 visa extension will be filed along with my L1 visa extension petition. Can she continue to work after 2/16/2018 based on her I-539 application receipt number even after EAD card expiry? I read on some forums that "he/she may continue his/her previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days. " Pls advise.

Any advice will be really helpful. Thanks in advance.

Hello,

Your wife cannot work beyond 2/16/2018 if the EAD renewal has not been approved by the USCIS AND the EAD Card is in your possession. EAD Approval Notice (I-765) is not sufficient for your wife to work (it will clearly state in the Approval Notice that this I-797 is not sufficient to continue working and you must wait for the I-766 (which is the EAD Card).

I recommend that as soon as your have your L1 and your wife L2 extension receipt numbers, file the EAD renewal ASAP (with a cover letter that states your receipt numbers).

Good luck.

[us-im-1]

Hello,

Your wife cannot work beyond 2/16/2018 if the EAD renewal has not been approved by the USCIS AND the EAD Card is in your possession. EAD Approval Notice (I-765) is not sufficient for your wife to work (it will clearly state in the Approval Notice that this I-797 is not sufficient to continue working and you must wait for the I-766 (which is the EAD Card).

I recommend that as soon as your have your L1 and your wife L2 extension receipt numbers, file the EAD renewal ASAP (with a cover letter that states your receipt numbers).

Good luck.

Thanks arajesh19.

[us-im-1]

I have a follow-up question.

I got an advice from multiple attorneys / immigration specialists to file EAD renewal along with L1/L2 extension petition itself.

In this case, all L1/L2 petition documents and EAD documents may go to CA service center. However, USCIS mentions that EAD form I765 should be sent to Dallas or Phoenix lockboxes.

Can I file EAD Renewal along with L1/L2 (I539) Extension itself?

Please advise.

[arajesh19]

I have a follow-up question.

I got an advice from multiple attorneys / immigration specialists to file EAD renewal along with L1/L2 extension petition itself.

In this case, all L1/L2 petition documents and EAD documents may go to CA service center. However, USCIS mentions that EAD form I765 should be sent to Dallas or Phoenix lockboxes.

Can I file EAD Renewal along with L1/L2 (I539) Extension itself?

Please advise.

Yes, it is possible to file L1/L2 Extensions and EAD Renewals together. Because my wife and I work for different companies, my company's policy only allows filing of the L1/L2 Extensions. They asked that I file the EAD renewal on my own.

Please note (and confirm it via the USCIS Website) that if all 3 (L1/L2 Extension and EAD Renewals) are sent together, they are sent by your company to a USCIS Service Center (CSC, VSC etc.). However, if you file EAD renewal by yourself then you are required to send it to the USCIS dropbox per your address which then gets routed to a Service Center.

In my case, L1 (I-129) and L2 (I-539) Extensions were sent by the company to CSC. I sent my wife's EAD extension (I-765) by itself to Phoenix lockbox which then routed it to CSC.

Hope this helps and always verify with USCIS website for most up to date information.

[us-im-1]

Yes, it is possible to file L1/L2 Extensions and EAD Renewals together. Because my wife and I work for different companies, my company's policy only allows filing of the L1/L2 Extensions. They asked that I file the EAD renewal on my own.

Please note (and confirm it via the USCIS Website) that if all 3 (L1/L2 Extension and EAD Renewals) are sent together, they are sent by your company to a USCIS Service Center (CSC, VSC etc.). However, if you file EAD renewal by yourself then you are required to send it to the USCIS dropbox per your address which then gets routed to a Service Center.

In my case, L1 (I-129) and L2 (I-539) Extensions were sent by the company to CSC. I sent my wife's EAD extension (I-765) by itself to Phoenix lockbox which then routed it to CSC.

Hope this helps and always verify with USCIS website for most up to date information.

Thanks very much Rajesh for this information. MY wife and I work for different companies as well. I am trying to convince my company to file all 3 (L1 / L2 extension and EAD renewal) together.
Could you please share the link of USCIS website where it states above info about sending to CSC / VSC together if filed by company?

Thanks again!

[arajesh19]

Thanks very much Rajesh for this information. MY wife and I work for different companies as well. I am trying to convince my company to file all 3 (L1 / L2 extension and EAD renewal) together.
Could you please share the link of USCIS website where it states above info about sending to CSC / VSC together if filed by company?

Thanks again!

Hello,

Here is the link from the USCIS website that explains how you can file I-765 with another form (in your case I-539).

https://www.uscis.gov/us-visa-and-immigration-forms/filing-form-i-765-other-forms

Please note that this does not say "sending to CSC / VSC together if filed by the company". That is an interpretation that if L1 (I-129) and L2 (I-539) extensions are filed together (in most cases, they can be done together), you can also file I-765 (L2 EAD Renewal) alongside those extensions.

Hope this helps.
Rajesh

[rejitpanicker]

EAD Renewal

I am on L2 EAD. My renewal is due 03/26. Should I wait till my spouse get the approval notice on L1 Approval.
The USC case status Case shows case is approved for my spouse. However we have not got the notice (physical petition).
My L2 Case status shows Case Received.
I was trying to check with you all with these information can I apply for EAD renewal.

The visa end date is 03/26/2018 and as well the i-94 also has the same date.
Would we get an updated i 94 once the approval comes and i need to wait for that and then apply for EAD?
What are the supporting documents i should send apart from the receipt number of my I-539 petition (both mine and my spouse) along with passport copies, marriage certificates and visa which has an end date of 03/2018.

Please advise.

[us-im-1]

Hello,

Here is the link from the USCIS website that explains how you can file I-765 with another form (in your case I-539).

https://www.uscis.gov/us-visa-and-immigration-forms/filing-form-i-765-other-forms

Please note that this does not say "sending to CSC / VSC together if filed by the company". That is an interpretation that if L1 (I-129) and L2 (I-539) extensions are filed together (in most cases, they can be done together), you can also file I-765 (L2 EAD Renewal) alongside those extensions.

Hope this helps.
Rajesh

Thanks for the link, Rajesh. Yes, indeed, the interpretation is quite correct. Fortunately my employer agreed to file I-129, I-539 and I-765 together.. Now begins the wait! I hear, chances of rejection are more if you file in premium.. Anybody experienced / heard this as well?

[amitbose81]

Yes, it is possible to file L1/L2 Extensions and EAD Renewals together. Because my wife and I work for different companies, my company's policy only allows filing of the L1/L2 Extensions. They asked that I file the EAD renewal on my own.

Please note (and confirm it via the USCIS Website) that if all 3 (L1/L2 Extension and EAD Renewals) are sent together, they are sent by your company to a USCIS Service Center (CSC, VSC etc.). However, if you file EAD renewal by yourself then you are required to send it to the USCIS dropbox per your address which then gets routed to a Service Center.

In my case, L1 (I-129) and L2 (I-539) Extensions were sent by the company to CSC. I sent my wife's EAD extension (I-765) by itself to Phoenix lockbox which then routed it to CSC.

Hope this helps and always verify with USCIS website for most up to date information.

Hi Rajesh, I am also in similar situation. Will you please let me know the document list you send to USCIS for EAD renewal?
Our Visa & EAD will expire in May 2018 & currently L1A/L2 Visa extension is processing by our company. I will be glad if you can provide the document list.

[arajesh19]

Hi Rajesh, I am also in similar situation. Will you please let me know the document list you send to USCIS for EAD renewal?
Our Visa & EAD will expire in May 2018 & currently L1A/L2 Visa extension is processing by our company. I will be glad if you can provide the document list.

Hello,

This is what I sent (documented it via a Cover Letter to USCIS).

Documentation for L2 EAD Renewal:
? Filing fee for Form I-765 of $410 via personal check payable to U.S. Department of Homeland Security.
? Form G-1145, Request for e-Notification
? Form I-765, Application for Employment Authorization
? Copy of current EAD Card
? Copy of USCIS Mailer with the current EAD Card and Receipt information
? Copy of current I-94
? Copy of Passport with valid visa
? Copy of Form I-797C indicating Receipt Number of Form I-539 (Application to Extend/Change Nonimmigrant Status)
? Copy of Form I-539 (Application to Extend/Change Nonimmigrant Status)
? Copy of Approval Notice Form I-797 for Form I-765 (Application for Employment Authorization) for current EAD; Receipt Number
? 2 Photographs

Supporting Spousal Documentation:
? Copy of Spouse (Principal L1A Applicant) Form I-797C indicating Receipt Number of Form I-129 (Petition for a Nonimmigrant Worker)
? Copy of Spouse (Principal L1A Applicant) Form I-129 (Petition for a Nonimmigrant Worker)
? Copy of Spouse (Principal L1A Applicant) Passport with valid visa
? Copy of Spouse (Principal L1A Applicant) current I-94
? Copy of Marriage Certificate

We received an RFE and the following documentation were requested and submitted to USCIS (via a Cover Letter again)

Documentation:
Principal (L1A) Current Status:
? Clear and legible copy of the front and back of the Principal?s Form I-94 (Arrival-Departure Record) that was issued upon arrival in the United States.
? All I-94s issued for any other extensions of stay OR copy of the Principal?s current I-797 approval notice for Form I-129.

Status:
? Copy of you and your spouse?s Form I-94, Arrival-Departure Record, which was issued upon arrival in the United States.
? Copy of Form I-797 approval notices issued for any extensions of stay.
? Copy of the principal?s (Spouse) Notice of Action (Form I-797) approval notice for Form I-129.

Hope this helps.

Good luck
Rajesh

[Anjali Vikram]

Hello Rajesh,

Greeting of the day!

My name is Anjali Vikram and I have tried to ask my question in a couple of forums but I have not been able to get an answer.
I would highly appreciate if you could answer my query and steer me in the right direction.

My current scenario:

I am on L2 dependent visa and my husband is on L1A visa. His visa is expiring on March 3rd, 2018 and has filed for an extension with USCIS. In the case status, USCIS has requested for some additional documents for verification and we are yet to hear from them.
My EAD is expiring on May 25, 2018. As per the process, i should file for renewal application in March. I am currently not working but I am planning to start something around April 2018.
My husband says that I should apply for renewal of EAD only after the decision of USCIS on Visa extension as we don't know as of now. But if I wait, I will cross the timeline of applying within 90 days period for renewal.

My question is:
Do i need to wait for Visa extension before i apply for EAD renewal.
If we get extension, i would not have current I94, how can i then apply for EAD renewal
I look forward to hearing from you. I would appreciate if you could reply me at [email protected]

Thank you
Best Regards,
Anjali Vikram

[Anjali Vikram]

EAD renewal while visa extension is in process

Hi All, Please reply to my query,I would highly appreciate.
I am on L2 dependent visa and my husband is on L1A visa. His visa is expiring on March 3rd, 2018 and has filed for an extension with USCIS. In the case status, USCIS has requested for some additional documents for verification and we are yet to hear from them.
My EAD is expiring on May 25, 2018. As per the process, i should file for renewal application in March. I am currently not working but I am planning to start something around April 2018.
My husband says that I should apply for renewal of EAD only after the decision of USCIS on Visa extension as we don't know as of now.
My question is : If i apply for EAD renewal along with reciept number, they woud also ask for I94, but that will be old un updated I94. What happens in taht case as we have not received final decision from USCIS on our Visa status.
If i apply after their decision, wat documenst i need to submit then.

Thank you

[arajesh19]

Hi All, Please reply to my query,I would highly appreciate.
I am on L2 dependent visa and my husband is on L1A visa. His visa is expiring on March 3rd, 2018 and has filed for an extension with USCIS. In the case status, USCIS has requested for some additional documents for verification and we are yet to hear from them.
My EAD is expiring on May 25, 2018. As per the process, i should file for renewal application in March. I am currently not working but I am planning to start something around April 2018.
My husband says that I should apply for renewal of EAD only after the decision of USCIS on Visa extension as we don't know as of now.
My question is : If i apply for EAD renewal along with reciept number, they woud also ask for I94, but that will be old un updated I94. What happens in taht case as we have not received final decision from USCIS on our Visa status.
If i apply after their decision, wat documenst i need to submit then.

Thank you

Hello Anjali,

My recommendation is that you file for your EAD renewal ASAP without further delay. You have not mentioned that your L2 extension is also filed along with your husband's L1 extension. The requirement for an EAD renewal to be approved is that your L2 (I-539 application) extension is approved (assuming your L2 and spouse's L1A are ending on the same date.).

Basically, L1A Extension Approved --> L2 Extension Approved --> EAD Renewal Approved.

I had filed for my L1A Extension (I-129) and my wife's L2 Extension (I-539) together via my company. And as soon as I received the Receipt Numbers for both cases (you will get 2 different Case Numbers), I created a Cover Letter with details mentioned in my posts above and filed for my wife's L2 EAD Renewal.

If you are worried about filing EAD Renewal without L1A/L2 Extension, do not worry. EAD Renewal will only occur after L2 Extension is processed - which in turn gets processed only after L1A Extension is through. One is dependent on the other.

So, May 25th is exactly 3 months from now and processing times for EAD Renewal is touching 90+ days. I do recommend filing EAD Extension right away with all the documents you have and including Receipt Numbers for L1A and L2 Extensions.

Good luck to you.
Rajesh

[Anjali Vikram]

Thank you Rajesh for your reply.
Do I also have to give I94's along with this application, if yes, they would be old I94s expiring in May 2018? will they consider our old I94s. Thank you

Regards
Anjali

Hello Anjali,

My recommendation is that you file for your EAD renewal ASAP without further delay. You have not mentioned that your L2 extension is also filed along with your husband's L1 extension. The requirement for an EAD renewal to be approved is that your L2 (I-539 application) extension is approved (assuming your L2 and spouse's L1A are ending on the same date.).

Basically, L1A Extension Approved --> L2 Extension Approved --> EAD Renewal Approved.

I had filed for my L1A Extension (I-129) and my wife's L2 Extension (I-539) together via my company. And as soon as I received the Receipt Numbers for both cases (you will get 2 different Case Numbers), I created a Cover Letter with details mentioned in my posts above and filed for my wife's L2 EAD Renewal.

If you are worried about filing EAD Renewal without L1A/L2 Extension, do not worry. EAD Renewal will only occur after L2 Extension is processed - which in turn gets processed only after L1A Extension is through. One is dependent on the other.

So, May 25th is exactly 3 months from now and processing times for EAD Renewal is touching 90+ days. I do recommend filing EAD Extension right away with all the documents you have and including Receipt Numbers for L1A and L2 Extensions.

Good luck to you.
Rajesh