Working on L2 EAD while renewal is in progress

Hi,

My wife’s L2 EAD was expired on 4thDec’2016, she had already applied for L2 EAD renewal about 90 days before but yet not received her EAD. By mistake, we forgot to check the exact date of expiration and today we came to know about this.

Now We have following queries.

  1. Can she continue working on L2 EAD based on her pending application for renewal ?

  2. Her payroll is generated every 30 days, so if her payslip is generated for month of December, will there be any problem in future ?

  3. Will there be any issue in my PERM/Green card application if I moved to H1B in future ?

Thanks for your help in advance.

What did you do? I am in the same situation?

You can’t work on L2 EAD, if renewal result has not come out yet. You need to go on LOP or have an understanding with your employer that they will re-hire you once you get the new EAD.

Thank you for your reply … what is LOP?

LOP is loss of pay Leave. That way you keep your job and go on a leave but don’t get paid for that duration until you get your new EAD. Other option is: your employer terminates you as you don’t have a renewed EAD and have an understanding with them that they will re-hire you the day you get your new EAD.

I have only one question. Please reply.
My issue briefly: My husband is on L1 A blanket visa and I am on L2 visa.
I-94 expiry date:
Husband -03/20/2020
wife -12/19/2020
Husband I-129S / PED - 12/19/2020
EAD expired: 05/22/2019

My EAD expired in May 2019, I forgot to renew my EAD and worked for two months(i went through medical surgeries and it slipped our mind about renewal process). As soon as we released, I notified HR about this. My husband’s company is applying for L1/L2 renewal’s. We are applying our renewals outside the country as adviced by Attorney. Once we have our visa renewal, I will apply for EAD with new I-94.
My question: My company put me on Leave of absence until I resolve this issue. They stopped my payroll and my benefits.

Should I resign completely ? or is it ok if they put me on the leave of absence?

Will this affect GC application in the future(GC havent applied yet) Please reply. Regards

When it comes to something like GC you shouldn’t trust anybody except a professional attorney.
Please consult them. But yeah, I don’t think there is a problem with you being on leave of absence as long as you have an understanding with your employer. Usually companies don’t keep you with them even on leave of absence for very long and ask you to resign. That’s not the case with you which is good.

Also, I think you meant your husband’s I94 expiry is 03/20/2020 not 2010? What’s your husband’s visa expiry date? is it 12/19/2020.

yes, sorry my Husband i-94 expiry date -03/20/2020.

I know my issue doesn’t get resolved in 12 weeks(Leave of absence). But i just don’t want to resign as well. Just in case if things move quickly and I can go back to work.

Thank you