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Can I apply for an L2 EAD if principal L1 visa has expired but I-94 is valid till Dec 2014?

Manchester, CT |


I have a L2 visa valid till Jan2015.
L1 visa holder is my wife whose L1 visa has expired but her I94 is valid till Dec2014.

Can I apply for EAD ? Is EAD for L2 based on L1 visa validity or I94 validity of principal applicant ?

Please let me know. Thanks a lot in advance.

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Attorney answers 4


The I-94 card expiration is what controls. A valid visa is not required to be lawfully present in th United States. A visa is required for re-entry into the US after international travel. Thus, you should be fine to file. However, your EAD may only be approved until the expiration of your wife's I-94.

This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.


Yes, you can. It is the date on your I-94 which is important, not the expiration of the physical visa.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


Yes. You can.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


Yes you can, since I-94 controls.

This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.