L1 expiring - I-94 valid - L2 valid - Travel to India

Hi guys,

I'm on L1 visa through my company's blanket petition.

Below are my and wife's visa details:

 

L1 Expiry Date: 08/2014

L1 I-94 Expiry Date: 12/2015

 

L2 Expiry Date: 02/2016

EAD Expiry Date: 12/2015

L2 I-94 Expiry Date: 02/2016

 

My wife has to travel to India. I've the following questions:

 

1. If my wife travels to India and returns back to US in June'14. And suppose she gets I-94 till my L1 expiry date(08/2014). Can I apply for her I-94 extension based on my I-94 validity although my L1 visa would expire in 08/2014?

 

2. Will her EAD be valid or she will have to apply for a fresh one? 

 

3. If my wife travels to India and returns back to US sometime after Aug'14. Will she be having any problem in entry at POE. As my L1 visa would have expired by then but she would have a valid L2.

 

Thanks!

#1. Have your wife travel with a copy of your I-94 ruling. This will help CBP at Point of Entry to make a decision on new stay duration which should be now same as yours.

#2. EAD stays valid until dates mentioned on the card have passed. Ideally, one should realize that EAD is linked to L-2 which is linked to L-1 but it is also true that when issued, EAD is not linked to any visa. It is a Federal Labor Record and nothing links it to immigration.

#3. A stamped L-2 is a legal travel document. You can work until your I-94 expires and she stays in status until that time with full freedom to travel per dates on visa. There are restrictions on your travel though (after 8/2014) and a new stamp will be needed if you exit US borders and attempt reentry

To summarize, a visa is a travel document relevant only when you cross borders, an I-94 is an activity authorization document (allowed to do what you plan to do while in the US until the mentioned dates)

Wish you both the very best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu

Also you will find this link as useful to read

http://travel.state.gov/content/visas/english/general/visa-expiration-date.html