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EAD is based on I94 or Visa expiry?

Seattle, WA |

My wife came to US on 13th april 2012 on L2. Our visa expires on 13th Jan 2013. We are planning to apply for her EAD. The question is what would be the validity of EAD? Is it based on Visa expiry date or I94 departure date (her I94 departure date is same as visa expiry date while mine is 13th jan 2015).
As my I94 expires in 2015 my company is not ready to file extension. I spoke at CBP office regarding difference in our I94 dates... so officer said he can correct it for my wife i.e. it would be 13jan 2015 just like mine.
Will it be alright and possible to get an extension on EAD even if we dont get visa extension simply based on I94 dates.
Thanks in Anticipation.

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Attorney answers 3

Posted

The EAD is renewed annually so you will be fine either way.

FREE CONSULTATION ON IMMIGRATION AND DEPORTATION MATTERS Contact: Law Offices of KiKi M. Mosley 208 S. LaSalle St. Suite 1400 Chicago, Illinois 60604 773-501-2039 kiki@kikislaw.com 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. kiki@kikislaw.com

Asker

Posted

So we do not need to file for our visa extension and EAD can be renewed based on I94 departure date? Regards.

KiKi Maria Mosley

KiKi Maria Mosley

Posted

The EAD is based upon having a valid visa, so it must be maintained and renewed properly.

Asker

Posted

Thanks for the reply... So you are saying We'll have to file for an extension. But my company says it can be done within 6 months of I94 expiry date (which is in our case is jan 2015). I am confused now.

Asker

Posted

Any updates? Thanks for the help in advance.

Posted

I agree with the other lawyer.

Posted

EAD validity -- one year

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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