L2 EAD Auto-Extension or I need to apply?

USA L1, L2 Visa
1

Hi experts, need guidance on my situation below.

My L1B is due for extension (yet to be filed) as of 19th August 2022. My wife’s EAD is valid till 30th August 2022. Her I-94 is valid till 25th December 2022.

My H1B COS is in process.

1 - Do I need to apply for extension of L2 EAD, or is it auto-extended till I-94 expiry?
2 - Do I need to wait till her L2 VISA extension is applied?
3 - How long does it take to receive I-765 receipt notice after applying (can it be used to continue working)

Quick guidance would truly be appreciated.

Regards,
Gourav

2

You may apply for her L2 EAD extension before it expires which gives her automatic extension for 540 days.

If you applied for L1 to H1B change of status, you should apply for L2 to H4 change of status for your dependents.

Timely filed EAD application gives L2 and H4 automatic extension so one can keep working.

3

Hello Kapesh ji,

Thanks a lot for the reply! I have a couple of more queries pertaining to above:

1 - My employer hasn’t yet applied for my spouse’s L2 extension (valid till 19th August). So, I may not receive the Notice of Receipt till the VISA expires. Can I still apply for EAD extensions based on I-94 , which expires in December 2022?

2 - Can I apply for L2B Extension and EAD extension together (i.e. I-539 & I-765 together)?

Regards,
Gourav

4

If you file extension of status for L2 before the I-94 expiry, L2 should qualify for automatic extension.

5

Really sorry if I am missing something obvious, but did you mean if I apply for L2 extension before expiry with valid I-94, L2 EAD will be an automatic extension?

Regards,
Gourav

6

Thats exactly what it means. Feel free to consult your immigration lawyer.

7

Hello Kapesh ji,

I checked with my company immigration team. They are of the opinion that my L1 (and her L2) has to be approved (not in process) if I were to apply for my wife’s EAD renewal and continue working under the new ‘automatic extension rule’.

Will you be able to redirect me to any link that categorically mentions the prerequisites?

I have just 3-4 days to apply. Will look forward to your continued guidance. Thanks!

Regards,
Gourav

8

https://www.federalregister.gov/documents/2022/05/04/2022-09539/temporary-increase-of-the-automatic-extension-period-of-employment-authorization-and-documentation