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Is EAD renewal possible based on valid I-94 but expired L2 ?
Anonymous2 views3 answers
I am L2 Visa holder and working on EAD. My Husband is L1 Visa holder and and both of our visa is going to expire on April’2013. However, his(L1 visa holder) I-94 expiry date is same as his Passport expiry date , which is June’2014 . My I-94 date is valid till November,2015. Since my husband can continue to work in US till June’2014 (even after L1 visa expiration), may my EAD validity be extended, on the basis of I94 date? We are NOT applying for L1 visa extension as his company applies for visa extension, only before 6 months of I94 expiration.
My Spouse (L1 visa holder)
Visa validity : April 2013
I94 validity : June 2014
Me (L2 visa holder)
Visa validity : April 2013
I94 validity : November 2015
EAD expiry : 5th April 2013
The visa validity date is irrelevant what controls is the I-94 (status). What is odd though your I-94 validity date should have been the same as your husband. He's the principal. You don't have your own L visa status. Your entire L=2 status and EAD hinges on his. If you were to get divorced tomorrow even if your I-94 is still valid until November 2015, you are out of status and would either have to promptly depart or switch to a new independent visa category. You can renew you EAD 90 days before expiration (recommended) but you may get an RFE (request for additional evidence) from USCIS asking for your husband's I-94 and then be issued a new EAD with a maximum validity date until his I-94 expiration of June 2014. If your lucky and you fall through the cracks you will get another EAD with your own I-94 expiration date of November 2015. Good luck.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
Yes. It will be possible.
File for EAD extension NOW ( you are allowed to file 6 moths prior to expiration ), and you should get a new EAD valid until your husband's I-94 expiration date.
An alien's authorized stay in the U.S. is controlled by the alien's I-94, not his or her visa. The dates on an alien's visa only determine the dates it can be used to apply for admission and have never have anything to do with the length of stay. As an L-2 spouse you are eligible for employment authorization through the validity of your I-94.
It appears from your facts, however, that your husband was improperly admitted only until the expiration date of his passport. Since his passport expired more than 6 months after his application for admission he should have been admitted through the validity date of his L-1 petition. If the passport expired less than 6 months from his application for admission then he can only be admitted until the date his passport expires.
The dates of your admission and petition expiration are unclear. You need to discuss this with the company immigration attorney or another experienced immigration attorney.
