L2 EAD expired - can it be applied based on I-94?

[User221]

Hi,

 

My wife has L2 visa(soon to expire) and EAD(already expired) but has valid I-94 till 2015. Following are the details :

 

L1B Visa expiry date: 30th Aug 2013

L1B I-94 expiry date: 24th March 2015

 

L2 Visa expiry date: 30th Aug 2013

L2 I-94 expiry date: 6th June 2015

L2 EAD already expired on: 7th June 2013 (my wife is not working as of now, she last worked till May 2013)

 

 

My employer is not applying for L1B extension as my I-94 is valid till 2015.

 

My question is, can my wife apply for EAD extension(although the previous one expired in June) and will the extension be given based on I-94 date? She will be able to plan to work then based on the new EAD.

 

Please reply. Appreciate your help. 

 

Thanks,

DD

[jairichi]

You have to understand that visa is only to enter a country. I94 is the valid document that allows your legal stay in US. Since you are on valid L1B status your wife can apply for renewal of EAD and the validity will be based on your I94 validity. Till you are in status she can work with out any problem.

[pontevecchio]

It can only be applied for based on status and not the visa expiry. Yes.