Guest Posted November 27, 2014 Report Share Posted November 27, 2014 Our situation is as follows Self L1-B expired on 21 Nov 2014 I-94 valid till July 2017 Spouse L2 expired on 21 Nov 2014 I-94 expired on 21 Nov 2014 EAD expired on 21 Nov 2014 I-94 extention request submitted on Aug 18 2014 EAD extention request submitted on Aug 18 2014 The USCIS website for tracking application status is not working for the last 3 weeks. So, we are unable to check the status of my wife's I-94 and EAD extention. We filed a service request on Nov 4 2014 to get some info on this. USCIS responded on Nov 18 that the petition is still pending consideration. Questions - Does she have to resign from her work-place? Her office hasnt raised an issue so far. - I read on the USCIS website (http://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf) Although you are out of status, you may be permitted, dependingon your classification, to continue your previously authorizedemployment for a maximum period of 240 days while yourextension application is pending if USCIS receives your applicationbefore your Form I-94 expires, and you have not violated the termsof your nonimmigrant status. You may be required to stop workingimmediately when the first of the following events occurs:• 240 days elapses from the date your I-94 expires; or• USCIS has made a final decision denying your extensionapplication.If your application for an extension of stay is approved, the approvalwill relate back to the date your Form I-94 expired, and your statusduring the pendency of your application will then be considered tohave been lawful.If your application is denied, you may be required to ceaseemployment and depart the United States immediately. Does this mean she can work for a period of 240 more days until she gets a yes/no decision about her EAD? Thanks! Link to comment
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