New EAD while L1&L2 Visa extension are in process

[balu1309]

Hi Immi Experts,

I am just wondering to see if it is possible to apply EAD for my spouse while both of our visa extensions are in process and the I-94 is already expired.

Any suggestions would be greatly appreciated.

Regards,

[kabkaba]

It could have been filed with the status extension application itself. Now your spouse can file the application and add copy of I-539 receipt and a cover letter explaining. But EAD will not be approved before extension of status is approved.

[balu1309]

Thanks Kabkaba.

What should she mention in the cover letter, also please suggest me that which one is better to apply EAD, is it through online or by mail? Also kindly let me know if it is going to impact our extension decision which is in process?

[kabkaba]

She will need to write that EAD application needs to be considered alongwith her I-539 extension of status application. It does not matter if she files online or paper. It will not affect the other applications, in fact it is based on those applications. There is no meaning to EAD application without extension of status application.

[balu1309]

Kabkaba,thanks for your information, its highly appreciated.

[balu1309]

Kabkaba,

Last but not last, while L2 VISA extension and EAD are in progress, can she travel out of the country and get in after my petition is approved(after the stamping in INDIA).

[kabkaba]

Not recommended particularly after I-94's have expired. EAD application may also get denied.