L2 EAD renewal , though not working currently

Hi Saurabh,

My L1B visa and I-94 validity as below
Visa expiry : JAN 2013
I-94 expiry : OCT 2014

As my I-94 is valid till OCT 2014, I know i can continue working on I-94 without applying for L1-B extension.

Spouse L2 Visa; I-94 & EAD:

VISA expiry : JAN 2013
I-94 expiry : JAN 2013
EAD expiry : JAN 2013

As my spouse has I-94 valid till JAN 2013. I have applied for her I-94 extension.

I think her I-94 will get extened till my I-94 Validity(OCT 2014), If her I-94 gets extended, Can we apply for EAD extension based on I-94.

Will there be any chances of EAD getting denied, as she is not working now. She is planning to start working from NOV 2012.

Hi Raj,

You got it wrong.

  1. Though your I-94 expires in Oct 2012, your Visa validity takes the precedence. Unless your company has applied for extension you cannot continue to work beyond your Visa validity. Please note that between Visa & I-94, the earliest date takes the precedence.

2.Your wife’s I-94 will not be extended beyond her Visa validity. She can work only as long as her Visa is valid. EADs always bear the date of Visa date and not the I-94 dates.

The only way you have is apply for your L1 extension, once it is approved your wifes L2 will also be approved, subsequently you will have to apply for EAD. Once your wife gets the EAD then she can start working.

Hope this helps.