L1A Ending and GC thru Wife

[L2EADGC]

Hi,

I'm in a typical situation. I'm currently on L1A and completing my 7 years in USA this coming May 2012, My wife is on H1B and her employer is sponsoring her GC and her PD of September 2010 may become current in the next month or two. Here are my questions based on the above situation.

a) How can I extend my stay beyond May 2012, if my wifes PD becomes current and we get EAD before my I94 expiry date, Can I stay back with no issues ?

b) If my wifes PD doesn't become current in the next few months, what are my options to stay back? Can I move on to H4 and stay back in USA ?

c) If I go back to home country in May, Can I come back on H4 stamping if my wifes PD becomes current and if I need go for FP and other stuff ?

d) If my wifes PD becomes current and we don't get EAD by May and If I go back to India, what are my options to come back in the event our EAD's and AP are approved.

Experts/Attorneys please advice ?

[pontevecchio]

1 If you are able to file AOS by then you can stay.

2. You can move to H4 status.

3. Yes.

4. Why?

[L2EADGC]

pontevecchio thanks for your respone. I have few other questions though

1) Do I need to file for AOS in case if we get our EAD's by the date my L1A visa/I94 expires in May 2012 ?

2) As I'm already completing 7 years in USA, can I stay back on H4 and doesn't this count against my 6 Years term ?

3) In an event we don't get our EAD's before May 2012 and I go back to India and if our EAD's and AP are approved when I'm on India, Do I need to go for H4 stamping and enter into US and Can I use my EAD after entering ?

All responses are much appreciated.

[pontevecchio]

1. EAD is a benefit of a pending AOS application. Hence you would file AOS when her dates are current from whatever status yo9u are in at that time.

2. H4 periods are delinked from H1 and L1 periods.

3. EAD is not an entry document. If you file for AOS the clock tolls whatever status you are in at that time. You have to be present here for the AP. Once you have AP you can travel. Once you have the EAD you can work for anyone. Once you file for AOS and you are ion status whiule filing the AOS you can stay.

[L2EADGC]

Thank You very much for the information.

Q) What I understand from this is I can stay back as long my wifes date becomes current in the next couple of months and we file for our 485 ? I don't have to move onto H4 as well, as long as we have a pending 485. Is this correct statement ?