L2 EAD Procedure ? Is SSN required before applying EAD?

USA L1, L2 Visa
1

Hi ,

Could you please let me know the procedure to apply for an EAD for a L2 VISA holder in the below conditions ?

  1. Primary L1 Holder I-94 expires in Oct 2014 where as L2 holder i-94 expires in May 2013 though both VISAs expire in May 2013.

  2. L2 reached US in last week of Dec 2012 and did not apply for SSN yet.

  3. Need to file an extension for L2’s I-94 since L1 i-94 expires in OCT 2014.

Please let me know which step I should take first , Is it applying for SSN, I-94 extension or Applying one or two things at a same time ?

Regards,

UmaMahesh

2

You first need apply for EAD and once approved, then go for SSN.

As for L-2 extension (based on L-1 I-94), you can do that either before or after EAD processing. If you get L-2 I-94 extended prior to EAD filing, then you will get EAD for the longer duration; but your EAD will be delayed as first L-2 I-94 needs to be extended.

If you get L-2 I-94 extended after EAD approval, then you will get EAD for the shorter duration; but it can be applied now. Once EAD arrives, you can start working and then apply for I-94 and EAD extension. This is better option as it allows you to start working earlier.

3

Thanks Saurabh,

Can I file EAD on my own or Do i need any attorney to file it ?

Please provide me any link where I can find EAD filing procedure

4

Lot of people do it themselves, but you can hire an attorney as well if that gives you more confidence.

Here is a blog page that could be a good starting point: Apply L2 Visa EAD card - Documents Checklist, Sample Cover letter - RedBus2US

5

Hi Saurabh,

As I was going through USCIS website, I came to know that one can file I-765 for EAD purpose along with I-539 form which is for requesting for extension of stay. I mean Concurrent filing option is there. If I choose this option to file and EAD and I-94 extension , I think I-94 extension and EAD till new I-94 date would be done at same time. I am not 100% sure . Please suggest.

Also,

on form I 539, At part 3 Processing information ,

Question 2 is as follows :

Is this application based on extension or changes of status already granted to your spouse, child, or parent ?

What to select here ?

If Select Yes here, They are asking USCIS Receipt # . What should I mention there Since I am not filing or filed I-129 earlier.

I just need to file for an extension of stay for my wife based on my I-94 ?

Could you please let me know how to fill I-539 form

6

Yes, you can file them in parallel.

The answer is Yes and you need to mention L-1 holder’s 797# in that case. You should also attach a copy of L-1’s I-94 to show the duration it was granted for.

7

Thank you so much

8

Hi Saurabh,

My Company Immigration Department suggested me to go a CBP Deferred office to request for my Wife’s I-94 stamped date correction.

  1. I have called CBP and explained the situation. The officer responded nicely and asked both of us to come to CBP office on requested date and Time.

  2. We both went there with all documents like I-797 , I-129S, Passports with Stapled I-94’s and Marriage certificate

  3. We have waited for our turn as per appointment Schedule

  4. Finally Officer came and asked Did you travel together ? We have told him ‘NO’

  5. He took the passports and Verified ( No other document !) , He informed me that you were supposed to get 3 years on I-94 since you are on L1 Blanket petition and he got surprised to see only 2 years valid I-94.

  6. Finally he went inside with passports and returned in 15 minutes and corrected the both I-94 dates to 3 years validity from My arrival date in US.

I got another 1 year I-94 validity i.e. Up to oct 2015. :slight_smile:

I thought of passing this information to you so that it would help others who might face this kind of situations

Thanks

9

Thanks for sharing your experience an glad it worked out for you. Can you also email this feedback on the main blog site, so that we can write an article that might help others.

Thanks

10

Sure , I will do it

11

Hi,

It worked for one of my friend too today. She came here in Dec 2012 and got I-94 for only 6 months i.e. up to VISA expiry date. I have told her how it worked out for me. She did the same procedure what I did , today she got the new i-94 for 3 years. If anybody is getting I-94 for less than 3 years on Blanket L1 Pettion , they can approach CBP for I-94 Correction. It would be easy since L1 B extensions are getting rejected.

I have already shared my experience on main blog , you may have a look at that email for feedback

Thanks

12

Thanks UmaMahesh.

13

Hi UmaMahesh,

We are also in same situation. where how we find our nearest CBP Deferred office?

Thanks,
Stelatha

14

you should be able to find information online , Just google it, Here is the link i have used but they removed it seems ,
http://www.cbp.gov/linkhandler/cgov/toolbox/contacts/deferred_inspection/deferred_inspection_sites.ctt/deferred_inspection_sites.pdf