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L2 EAD extension during L1 extension RFE

Milwaukee, WI |

I have L2 visa with EAD on a full time employment. My spouse has L1B visa.
Our visa & I-94 expire on May 10 2014.
My EAD will also expire on May 10 2014.
Spouse company has applied for the L1/L2 extension in Feb 2014, but I didn't applied for EAD renewal with my I-539.
Got RFE on L1 extn last week, with response date June 15 2014.

My question:
Can I apply for EAD now while sending response for RFE in this week?
What are my options if we get L approval (may be with premium processing for RFE) & but NOT renewed EAD before May 10 2014?
Do I have to go back to home country till a decision on L1/L2/EAD is made or unpaid leave in USA
Can I work for the US employer from my home country?
Do USCIS issue EAD based on L visa extension receipt?
Or do I have to wait till L1/L2 extension is approved

Attorney Answers 3


It is possible for EAD to get approved without L-1 getting approved. Seen that happen several times. There is no harm in filing. You can stay in the country as long as your L-2 extension is timely filed and pending. You cannot however work till EAD approval. Good luck.

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You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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Undoubtedly you already have an immigration attorney, and you should ask the attorney these questions.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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