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L2 extension visa denial - urgent

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Hi, I have an urgent query regarding my spouse L2 extension denial letter.

My L1 and spouse L2 extn. & EAD was filed in Feb 2019 (L1 was premium processing), got a RFE, replied to it but L1 was rejected in June. My spouse never received the denial letter (for the L2 and EAD).

However as our i-94 and current visa were valid till August 2019, so my company refiled my L1 and spouse L2 extensions in July. Decision is still pending on this.

Yesterday, my spouse received a letter from uscis with header "Decision" that her L2 extn. application has bee denied (this is the one that was filed in Feb 2019). It reads “Your period of authorized stay has expired. You are not authorized to remain in US.” . My spouse 180day presence in US ends in few days.

As our new application was re-filed in July 2019 (result is still awaited) and this yesterday's letter is based on the previous petition (Feb 2019):
    1.    What are our options?
    2.    Shall my spouse leave the country or ignore this letter?
    3.    How do we ensure that she doesn’t get NTA (notice to appear)?
    4.     Any action to be taken by the filing attorney to correct this?


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I think she is good to say as you filed for an other L2 extension with your new petition before your i94 expiry date. The one you received was the earlier petition and was bound to happen as you L1 was denied earlier. Not sure why they did not withdraw it before filing a new petition. 

I don't think she will have to leave.

I don't think any action is needed, but you can still run it by your attorney to make sure she is good. 

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I feel since the day the petitions were denied, you are out of status. It is better to leave the country immediately to avoid future complications.

I'm not sure, this is just my opinion.


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