I am on an L2 EAD, working with a bank, My EAD is due to expire on 2nd October, I applied for renewal on 17th July and appeared for the Biometrics on 17th of August. I have still not heard from them and the online status shows "Initial Review" If the approval does not come by 2nd October do I have to resign from my Job.
Thanks for your inquiry. The answer is that you do not need to resign from your job, but you CANNOT work if you do not have a valid employment authorization document in your hand. Let me take a little time to explain the legal issues and potential consequences here.
As a derivative beneficiary on the principle L-1A, you are authorized to obtain employment only if you have specifically been provided with that privilege. In other words, unlike the L-1A where the employment is automatically authorized through the nonimmigrant petition which has been approved (Form I-129), you cannot work unless you have been provided evidence that you re authorized to accept employment.
With an L-1A, there are circumstances where the application for a renewal of that classification would authorize the principle L-1A to continue working for the same employer while the application for a renewal remains pending. With the L-2, the same does not hold true. The L-2 can only work if an employment authorization document ("EAD" or work permit) says that the L-2 can work. Is it a pain, yes. But it sure beats the heck of how it used to be when the L-2 derivative was not eligible to work during the entire time the principle L-1A was here in the US.
So what I would do is I would speak with the employer and see how they want to handle things. The employer should not permit you to work without a valid work permit and as indicated above, the application for a renewal is not enough to extend the period during which you can work. Once your application for a new EAD has been approved, then you are good to go. Sounds like it is just a processing issue and a delay which will require you to not be able to work for a bit.
The employer will tell you how it will handle this interruption. If the employer wants to keep you on, I would imagine that it can just remove you from the schedule until the EAD is approved and provided as evidence that you are again authorized to accept employment. The law does not require you to resign, rather I would suggest this is just an issue that you need to work out with your employer so that both sides understand the concerns.
The biggest consequence that you want to avoid is unauthorized employment. The problem is that if at some point you try to apply for adjustment of status through an immigrant visa petition (I-140) filed on behalf of the principle L-1A, any period of unauthorized employment can come back to kick you in the rear side and you want to avoid that. Keep in mind that one day of unauthorized employment is not going to necessarily kill the entire process, but you do not want to invite any problems.
Also keep in mind that you are authorized to remain in the US pending the decision on the request for an extension of status as long as an I-539 was filed for you as the derivative beneficiary of the principle L-1A's Form I-129. Yes, this sounds odd that you can remain in the US but cannot work but that is the way it works.
Before doing anything that can come back to create a big problem later on, I would make an inquiry with your legal representative and if you do not have one, I would suggest that finding one would be in your best interests. Doing things that you may believe are small and insignificant have a way of creating huge problems when it comes to immigration matters. I do not want to scare you and you are certainly doing the right thing by trying to find an answer to your inquiry. Just be careful and remember that you cannot work if you do not have an EAD.
Good luck.
I suggest you call the "800" number to follow up on your EAD renewal. Working without an EAD after October 2 is unauthorized employment. Speak to your employer to see if they would allow you to come back to work when you have a valid EAD. Of course, the principal L-1 must be in a valid status so that your L-2 is valid as well to warrant the issuace of an EAD.