Regarding L2 extension

[anjala327]

Hi,

My L1b visa is expiring on 10July2012 and I need to initiate the extension for L1 and husband's L2. But I was told that the L2 extension cannot be applied because my husband's I94 expires in June2013 and so I can apply for L2 extn only 6 months prior to June2013.

I have the below concerns here -

a) My husband has a valid L2 EAD and works. If his extn is not applied, after 10July2012, will he be still able to continue working since the L2 visa will expire?

b) Both Me & my husband may need to go to our home country later this year for few days and since he will not be holding a valid L2 visa, he cannot re-enter US. So is there any way his L2 extn can be applied right now along with the L1 extn?

Please let me know on this.

Thank you in advance!

Regards,

Anjala

[Attorney_23]

When a foreign national files to extend status while in the U.S., this does not generally impact the individual's visa. The visa is only used to request admission into the United States. When it expires, it generally has no bearing on whether the person is still in valid status.

If a person in valid L1 or L2 status wishes to leave the U.S. and reenter, he/she may apply for a new visa at a U.S. Consulate, either based upon an approved L1 petition or, if applicable, via a company's approved L1 Blanket.

[anjala327]

Thank you so much for your reply, I have the below 2 questions. Please reply.

Quick recap of my spouse's details -

- EAD & I94 expire on 10June2013.

- L2 visa expires in 10July2012 along with my L1b.

1) As I understand, can my spouse continue to work after 10July2012 though his L2 visa has expired and if my L1b extenstion is still pending with USCIS? Or does he need to wait until my L1b extension is approved by USCIS?

2) Also, I understand that my spouse can reenter by applying for a new visa at the U.S. Consulate, based upon my approved L1 petition.But once he is back to US say in Dec2012, will is the same EAD still valid (his EAD currently expires in 10June2013) or he needs to apply for a fresh EAD?

Thank you,

Anjala

[Attorney_23]

When does your L1 I-94 expire?

[anjala327]

My L1b visa & I94 expire on 10July2012.

[Attorney_23]

Based on what you have described, it sounds as though Customs & Border Protection (CBP) may have made an error when they stamped your husband's I-94. You may need to go to a CBP Deferred Inspections post to have this corrected. Or, you may be able to request that USCIS correct this when you apply for your extension. If you need further assistance with this matter, I suggest you contact an experienced immigration attorney.

[anjala327]

Can you please reconfirm the below.

a) The company I am working for informed me that I can apply for my husband's L2 extn only 6 months before his I94 expiry (June2013). Is this correct?

b) I heard the I94 date correction should be done within 3 months after entry into US. Do you still suggest to get his I94 date corrected to L1b/L2 expiry date (July2012)?

[goomail]

a) Yes, your employer is correct. Extension can be submitted only if I94 is expiring in next 6 months.