EAD extension with Valid I-94

[Malibu]

Hi

 

My L2 Visa Expired in June 2013. I have an I-94 valid until 2016. My husband's L1B and I-94 expired IN June 2013. My husband's employer has filed for his L1B extension along with mine and we have the proof of filing the petition (I-797). My question here is Will I be able to apply for an EAD extension with my L2 and the I-797? I called USCIS and explained my situation to them and 2 different days and I got 2 different answers.. One of them said I-94 is what governs in the USA and I can apply for an extension of my EAD with the I-94 and I-797 and other documents.. The second person from USCIS said my Visa is based on the primary Visa holder and if he is out of status, I cannot apply for EAD. Which one of this is true in my case? Please advice! Thank you

[kalyan_ac]

The response you got from the second person is right and you can apply for the EAD once the Extension has been approved.