I am on L2 and my spouse is on L1. Our Visa, EAD and I94 expire on Jun2012. We have already applied for L1 and L2 extentention and we got RFE. We are yet to reply for the RFE. Can I apply for the EAD renewal now with the L2 petition receipt before getting the visa approval ?What can I do to avoid a break in my job?
Thanks in advance
I highly suggest that your spouse speak with his/her employer's immigration attorney. That attorney should have access to your complete file and should be able to advise you most precisely. Generally speaking, yes, one who has timely filed for an extension of status can continue employment, but only as incident to the original grant, with the same employer, for 240 days beginning on the date on the date of the expiration of the authorized stay, and only if the extension of status is timely filed. In other words go speak to your spouse's employer's immigration counsel.
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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.
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