L2 travelling to India while I 539 in process

[R_V]

Hi,

I'm on L1B visa. My initial visa was valid till Nov 19, 2012. I traveled back to India in Aug 2012 and got my new visa stamped which is valid till 19 July 2014. My wife stayed back in the US and hence did not get a new visa stamped. Her L2 visa is valid till 19 Nov 2012.

My employer has applied for her visa extension I-539 (receipt date: 10 Oct 2012). Due to personal emergency she had to travel back to India on 19 Oct 2012.

Now if she comes back to US without a new visa stamping, (my employers immigration team says that the appointment would be available only during mid December) can we provide the new I-94 to be used with the old I 539 or do we need to apply for new I 539?

what other options do we have in this situation? We would also like to process her EAD.

Thank you all in advance for your responses.

[pontevecchio]

The L2 like the H4 dependent enters with a visa and the approved petition of the primary. Her EOS has no connection to the fact that she needs a valid visa to return.