EAD Renewal based on Spouse's I94

[Guest]

Hi,

 

My situation is as follows -

 

Principal L1-B visa expires: 21 Nov 2014

Principal I-94 expires: June 2017

 

Dependent L2 Visa expires: 21 Nov 2014

Dependent I-94 expires: 21 Nov 2014

Dependent EAD expires: 21 Nov 2014

 

 

My (principal L1) visa extension process has not yet started because my company feels we can do it later since I have an I94 valid all the way till 2017.

 

Questions

1. Can my wife apply for the I-94 extension (Form I-539) to match my I-94 based on my extended I-94 (irrespective of the fact that my visa expires in Nov 2014).

2. Can my wife apply for her EAD extension (Form I-765) in parallel with the I-539 application?

3. Is it preferable to wait for the result of the I-539 application before filing for the I-765? Or should we file both of them in parallel?

4. Is it a good idea for me/my company to apply for the L1-B extension (even though I have an extended I-94) and use this application receipt for my wife's I-539 and I765 application? 

 

Thoughts anyone?

 

 

 

[jairichi]

1. Yes.

2. I believe yes as both applications are processed by USCIS.

3. Refer 2. You can talk to an agent from USCIS or an attorney.

4. No need for filing a L1B extension petition if your I94 and petition is valid. 

[Guest]

"4. No need for filing a L1B extension petition if your I94 and petition is valid."

 

Isn't this a risk? I wouldnt be able to re-enter the US if I dont have a valid visa. I am assuming the I-94 would be scrapped as soon as I leave the US.

[jairichi]

"4. No need for filing a L1B extension petition if your I94 and petition is valid."

 

Isn't this a risk? I wouldnt be able to re-enter the US if I dont have a valid visa. I am assuming the I-94 would be scrapped as soon as I leave the US.

When you are within US your stay validity is based on L1B petition and I94 validity. When you travel outside US and want to return to US you need to have a valid L1B visa (visa is just an entry document)