L2 Extension With USCIS - Need to Travel

[sammor]

Hi

I currently have a L1-B extension in process and my wife and son have a corresponding L2 extension in process with the USCIS. I have received a RFE and have supplied the necessary information. My wife and son have not yet had their biometrics appointment scheduled. All 3 of us have valid unexpired USA visas in our Australian passports. My daughter was born in the US and has US citizenship.

Details of dates are as follows:
Visa expiry date: 30 Jan 2023
I-94 expiry date: 2nd Feb 2021
PED on visa stamp: 11 Feb 2021

My wife needs to travel to Australia for an emergency and will need to leave before her L2 extension approval has been received. She will be taking both kids and I will be staying in the US for work reasons. The law firm that my company works with has provided some responses to my questions but things are still not clear to me.

My questions are as follows:

1. Once my wife and son leave the US they will be automatically abandoning their application with the USCIS?
2. Once my L1-B extension is approved i.e. I have a new I-797 from the USCIS will my wife and son be able to use that and their current visa to travel back to the US or will she need to apply for a new visa while in Australia using my new I-797?
3. If she doesn't need to apply for a new visa will the CBP issue her with a I-94 at the border that is aligned with my new I-797 date?
4. If she doesn't need to apply for a new visa will the PED of 11 Feb 2021 on her current visa be an issue when she returns?
5. Given my daughter is a US citizen does that change anything with my wife returning with both kids?

Appreciate any advice that you can provide.

Thanks

[Libra_14]

Once my wife and son leave the US they will be automatically abandoning their application with the USCIS?

Yes.

Once my L1-B extension is approved i.e. I have a new I-797 from the USCIS will my wife and son be able to use that and their current visa to travel back to the US or will she need to apply for a new visa while in Australia using my new I-797?

They can use their existing visa, as long as you continue to maintain your same L1 status.

If she doesn't need to apply for a new visa will the CBP issue her with a I-94 at the border that is aligned with my new I-797 date?

Yes - provided your L1 extension is approved before they return.

If she doesn't need to apply for a new visa will the PED of 11 Feb 2021 on her current visa be an issue when she returns?

No issue, she need to show copy of your new approved L1 petition & some proof that you are still in USA (latest payslip, etc).

Given my daughter is a US citizen does that change anything with my wife returning with both kids?

Legally - No impact having USC kid. Your wife still need to be eligible for admission into USA, but people have expressed that it became easy for them with USC kids (less questions/hassles at POE).

[sammor]

Libra_14 Appreciate your quick responses.


If she gets an updated I-94 at the border aligning with my I-797 then will she have to re-apply for extension of her status with the USCIS that she abandons when she leaves? If not, then was there any point in her application for status extension in the first place?