L2 EAD - I94 valid, primary petition expiring.

[targetisb]

Hi,
I am currently on an L2 Visa.
The primary applicant's visa(L1 Blanket) and I-94 expires on April-2012
My visa expires on April-2012, but I have an I-94 valid till 2014.

My question -

1) Can I process my L2 EAD based on my I-94 expiry dates, or would I have to wait till my spouse's L1 extension approval.

2) Spouse's employer has not agreed to initiate my L2 extension since I have valid I-94 till 2014.If the answer to question 1) is "NO", can i Initiate my EAD after the primary applicant's extension is approved.

3) If I initiate my H1 before the current visa expiry(April-2012), can I still be in legal status in the US, after L2 expiry but before H1 approval?

Thanks.

[immihelp]

How did you get the I-94 valid till 2014? Please describe.

[targetisb]

2014 was the date entered by the officer at the Port of Entry. I assume that she calculated 3 years from my date of entry.

[raghvi]

L2 EAD - I94 valid, primary petition expiring.

You having I-94 expiry beyond primary L1 applicant's I-94 Seems to be a oversight by the Officer at POE . Technically, there is no L2 without a valid L1 associated with it. In April 2012, the spouse's I-94 as well as visa would expire, without filing of extension L1 will be out of status and as I-94 also expired the stay beyond I-94 will be considered illegal. Without L1, L2 status will automatically cease to exist. Your I-94 is valid till 2014 so technically your L2 extension cannot be filed. You can surely file EAD before April 2012 but it may end up with RFE if you dont provide yoru spouse's extension approval or receipt. A fresh H1 can only be initiated 1-April-2012 with earliest start date of 01-Oct-2012. All said and done, primary L1's extension has to be filed and lot depends on the result of the same. As primary L1's I-94 expiry is barely few months away why not file extension under premium processing and get over with the decision makign in 15 -20 days? This is my opinion please consult with immigration experts too.

[targetisb]

Thanks.
My spouse's L1 extension is already being filed - the decision about premium/not premium would come from the employer only by next week.

Assuming it gets approved,can I then go ahead with applying for EAD? Or should I try to get my L2 visa extended too - which I think is technically not possible since I have a valid I-94 till 2014

[targetisb]

Requesting your help with this one.

[kabkaba]

You can apply for EAD after L1's I-94 is extended.

[MSaru]

Applying EAD with a valid I94 but without a valid L2 visa

Hi,


My L2 visa would be expiring on 20th of November,2012 but my I94 is valid till December 2014. I wanted to know whether I am eligible to apply for an EAD even after the expiry of my L2 visa. Please reply back with your valuable opinion.


MSaru

[raghvi]

Hi,


My L2 visa would be expiring on 20th of November,2012 but my I94 is valid till December 2014. I wanted to know whether I am eligible to apply for an EAD even after the expiry of my L2 visa. Please reply back with your valuable opinion.


MSaru

When is the primary L1 I-94 expiring? You can apply for an EAD as long as your and your spouse's I-94 are valid and the EAD expiry will be related to the earliest of the two. For example, if L1 I-94 is expiring before L2 I-94, L1 I-94 will be considered, and if L2 I-94 is expiring before L1 I-94 then L2 I-94 will be the end date of the EAD. To add to this, after Nov 2012, if you leave US, you have to get a new visa stamping doen in order for you to be eligible for re-entry to US.

This is my opinion not legal advice.

[MSaru]

When is the primary L1 I-94 expiring? You can apply for an EAD as long as your and your spouse's I-94 are valid and the EAD expiry will be related to the earliest of the two. For example, if L1 I-94 is expiring before L2 I-94, L1 I-94 will be considered, and if L2 I-94 is expiring before L1 I-94 then L2 I-94 will be the end date of the EAD. To add to this, after Nov 2012, if you leave US, you have to get a new visa stamping doen in order for you to be eligible for re-entry to US.

This is my opinion not legal advice.

Thank you Raghvi for your valuable opinion. My husband's I-94 has validity till Dec 2014. So if my understanding is correct I can apply for an EAD which will be having validity till December 2014.Could you please tell me how much it would cost me to apply an EAD. I am in the US for the first time and I am not aware of many things. Thanks in advance for your help.

Regards
Msaru

[Resh1]

I94, EAD Expiring, Valid L2 Visa

Hi,
I have L2 Visa upto 2020. My I94 is about to expire in January 2018 and so is my EAD. My husband's principal L1 visa is upto March 2018 and his I-94 upto April 2018. His extension process will start in Feb. I have 2 questions.
1. I am to travel out of country in Jan and come back in 2 weeks. So will my fresh I-94 expiry date be based on my Visa date or my husband's I-94?
2. I plan to apply for EAD renewal once I get fresh I94. Can I apply and get EAD while his L1 extension is still in process or I can't work while his extension is in process?

Any help is much appreciated. Thanks!