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Apply for EAD extension and a vacation to India????

New York, NY |

Hi
I am working in US with a L2 EAD that had an initial expiry date of Jun 2012 (entered US in jun 2010). learnt that my husband recvd an i94 of only 2 years and was eligible to extend it. we corected our I94 and got extended till mar 2013. I extended my Ead as well to that date. Our visa expired in Jun 2012. we want to visit india on vacation and hence have to do extend the L1 petition and do stamping. howver i have to complete this before Dec 2013 as EAD processing time is 90 days (to avoid gap). we learnt that we can still get our I94 corrected and get it extended to 2 yrs. we are planning to extend our I94 and then apply for EAD before going to India. can this be done and if yes, will there be any issues doing this. will i haveto reapply for EAD after coming back to US with the I94?

Attorney Answers 2


  1. You can apply for an EAD extension at any time within 4 months of the current EAD's expiration. Departure while the I-765 is pending does not constitute abandonment of the application.


  2. Yes.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.