L2 Visa / I94 expiring; Like to apply EAD

[jaymenon]

Dear all,

I just moved to USA recently on L2 Visa (expiring on June,2011). I got my I94 also with an expiry date of June,2011. My husband is currently on L1B visa but with an I-94 valid until July,2012; even though his visa expires this June. I was working in India and would like to continue here but I am not sure if I can go ahead and apply for EAD now with my Visa/ I94 gong to expire in 3 months time. My husband has approached his employer to extend my I94 but I am not sure how long is that going to take to get it approved. Considering my position, could you please let me know whether I should go ahead and apply EAD now or do you suggest me wait until I94 extension has been granted (where I dont know when I get a confirmation). If you have any suggestions for me, please let me know... Thanks for all your help in advance !!

[balu1309]

Hi,
As per my understanding, even if you apply EAD now and get it approved(you should apply before 90 days of I94 expiry date), it will be issued until your current I-94 expiration. In case if you wish to extend you EAD again after your I-94 extension approval, again you have to pay the same fee which is around $375.

[kabkaba]

Why is your I-94 shorter that your husband's? They should be the same. Did you show the right approval notice/copy of I-94 at port of entry? Does your passport expire earlier?
You will need to file I-539 to extend your status. It need not be filed through husband's employer. Although some employers assist in filing it, it is your responsibility to file it in time before your current I-94 expires. You can file I-765 concurrently in the same envelope to get it for a longer duration.
If your husband's employer has already filed I-539 on your behalf, you can attach a copy of the receipt notice and a cover letter explaining the same to your I-765.

As supporting documentation attach,
Copies of your passport, Visa, I-94 both sides
Copies of your husband's passport, petition approval notice, I-94 both sides, employment verification letter, paystubs
Copy of marriage certificate

[jaymenon]

Balu / Kabkaba,

Thank you so much for your help and appreciate your prompt response. My husband's empoyer has requested us to send documents needed for I94 extension which we did today. I shall wait for a response back from them (which they told might take upto a month's end) before I could apply for my EAD. Hopefully everything goes fine !!

[kabkaba]

As stated before you don't have to wait for extension approval. You can apply both in the same envelope.