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Options for L2 EAD - with a valid i94, but an out of status L1

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  • Options for L2 EAD - with a valid i94, but an out of status L1

    My L1 visa expired in nov 2018.
    But my wife and i have the i94 valid until dec 2020.
    My wife's ead is valid until Mar 2020.

    I have received an rfe on my visa extension application, and i will be out of status on 22nd-Jul-2019 (which is 240 days after my PED).

    My questions:
    #1 Can my wife continue to work in the US after Jul 2019, even if I (the primary applicant) alone choose to return to India?

    #2 In case of a rejection on my l1 extension, can my l2 ead spouse legally work, since her ead and i94 are valid?

    #3 If the answer to q#2 is "yes", then further to that can she apply for an extension on ead only based on her i94 validity? (However, the primary i129 petition is rejected)

    #4 She cannot do a H1 at this time of the year. So, what other options does she have to continue working in the US even after the primary applicant's l1 extension is rejected?... leveraging her i94 which is valid until Dec 2020.


  • #2
    you wont be OUT OF STATUS on 07/22 but simply you cannot work post that date. However, you can stay until your extension is Approved/Declined.


    -Not a Legal Advice.

    Comment


    • #3
      Originally posted by Vkt View Post
      #1 Can my wife continue to work in the US after Jul 2019, even if I (the primary applicant) alone choose to return to India?
      Your wife is on dependent visa (L2). If you are not maintaining your L1 status, then her status would also be void.
      Originally posted by Vkt View Post
      #2 In case of a rejection on my l1 extension, can my l2 ead spouse legally work, since her ead and i94 are valid?
      Same as above.
      Originally posted by Vkt View Post
      #3 If the answer to q#2 is "yes", then further to that can she apply for an extension on ead only based on her i94 validity? (However, the primary i129 petition is rejected)
      No.
      Originally posted by Vkt View Post
      #4 She cannot do a H1 at this time of the year. So, what other options does she have to continue working in the US even after the primary applicant's l1 extension is rejected?... leveraging her i94 which is valid until Dec 2020.
      She can stay in USA until her I94 expiry, but cannot work if L1 is not maintained.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      Comment


      • #4
        Originally posted by Libra_14 View Post
        She can stay in USA until her I94 expiry, but cannot work if L1 is not maintained.
        She can't stay in the US either, if she is out of status and doesn't have a pending EOS/COS appliclation.

        This is my personal opinion and is not to be construed as legal advice.

        Comment


        • #5
          Originally posted by newacct View Post

          She can't stay in the US either, if she is out of status and doesn't have a pending EOS/COS appliclation.
          Oops. seems like I misread the question. Answer to point # 1 says the same thing.
          - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

          Comment

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