EAD validity if I-94 valid by VISA expires sooner??

[maverick_amit]

Hi,

My spouse will be filing for EAD soon.

The L2/L1 visa expiration: March 16th 2011

I-94 Expiration: Feb 4th 2014

Now, what will be the EAD validity?

Can anyone suggest, so that we could plan accordingly?

Thanks,

Amit

[pontevecchio]

EAD is granted based on the status of the L1 person and not on the visa expiry.

[Attorney_23]

Ordinarily, the expiration date of the EAD will match the expiration date of the petition (assuming this was an individual petition). The expiration of the visa generally has no bearing on the EAD.

[maverick_amit]

[Attorney]

Ordinarily, the expiration date of the EAD will match the expiration date of the petition (assuming this was an individual petition). The expiration of the visa generally has no bearing on the EAD.

Well if you read my post my visa expiry and I-94 have different dates, which can only happen on a BLANKET. So what happens in case of L2 (Dependant L1 Blanket)?

[Attorney_23]

[Attorney]

Ordinarily, the expiration date of the EAD will match the expiration date of the petition (assuming this was an individual petition). The expiration of the visa generally has no bearing on the EAD.

Well if you read my post my visa expiry and I-94 have different dates, which can only happen on a BLANKET. So what happens in case of L2 (Dependant L1 Blanket)?

You are mistaken. The expiration date of a visa is not necessarily the same expiration date of the I-94 on an individual petition. In any case, the EAD will ordinarily be granted based on the duration of the individual's lawful status.

[maverick_amit]

Ok.

• So if my spouse and I have I-94 valid till Feb 2014, we both are "lawfully" present in the US - Correct?
  
• If yes, then,in all liklehood, we get the EAD for 2 yrs from now, if we apply now - Correct?
  

[Attorney_23]

Ok.

• So if my spouse and I have I-94 valid till Feb 2014, we both are "lawfully" present in the US - Correct?
  
• If yes, then,in all liklehood, we get the EAD for 2 yrs from now, if we apply now - Correct?
  

I would need to review your documents and filing history to determine how these rules apply to you specifically. If you are concerned about this filing, I would recommend you schedule a consult with an experienced immigration attorney.