One of my very good friend Babu applied to get EAD Card for his wife, who is on L2 Visa and got it successfully without any issues. One of our blog readers asked few questions regarding the same. He was kind enough to answer them and share the sample cover letter template. Thanks to Babu for taking time to answer and letting us share it with our readers !
1. I would like to know the list of forms to be filled for EAD on L2 Visa. Apart from I-765, do I need any other form ?
Only I-765 Form
2. Checklist of the supporting documents for applying to EAD on L2 Visa :
– Filing fee – Currently $410 (Please check on USCIS site for latest fees)
– I-765 form
– L1 approval notice of spouse
– Copy of Passport
– Copy of I-94
– Two photographs
– Copy of SSN (If you have)
3. Should it be e-filed or sent through regular mail? Which would be processed faster ?
Both of them take same time. If you do e-filing, you would have to send your docs by regular mail later. So, it is preferred that you send all the documents through regular mail at once, it will be easier instead of e-filing.
4. Is a covering letter required? If so what should it contain?
Nothing in specific. Just the list of documents. Download it from link below:
Sample Covering letter L2 EAD Card USCIS
5. Its been a week since I’ve come , Can I apply immediately or should I wait for a specific lead time?
We can apply immediately.
6. How long is the L2 EAD card valid?
As long as your spouse L1 is valid.
7. In case I go back to India before I receive the EAD , can I ask someone to pick it up? Will I be able to use it when i come back again?
EAD card comes by mail, so anyone can receive it. Yes, you can use it after coming from India.
Experience Shared by Kavitha – August 2016
Hello Everyone,
This is the timeline of my application
1. USCIS accepted the application on June 28th 2016
2. Received the acknowledgement # for tracking on 1st July 2016
3. Case status changed to ” Card sent to production” on August 5th 2016 – in the morning
4. Case status changed to ” Application is approved” on August 5th 2016 – in the evening.
5. Case Status changed to ” Mailed the card” on August 9th 2016.
Now i’m waiting for the card , the entire process completed in 42 days. I followed the same document which was shared by Saurabh in this page with some small addition to L1 beneficiary document. Hope this helps!!
EAD Applicant Documents
- Filing fee $410 ( fee change 2016)
- I-765 form
- Copy of Passport including spouse name
- Copy of Visa
- Copy of I-94
- Two photographs
- SSN Copy
L1 Beneficiary Documents
- L1 Blanket approval notice – I129S , I797
- Copy of Passport including spouse name
- Copy of Visa
- Copy of I-94
- Copy of Indian Marriage Certificate, issued by Government of Tamil Nadu, India
- Employment Letter
Regards
Kavitha
Hi,
My husbands L1 A extension is in progress and I have got RFE on my EAD -L2. If his visa is approved can I respond to RFE and leave to India ?
Kanchan,
Check w/ an attorney. Once you leave US, your I-94 record will be closed and so EAD may not get approved. EAD is usually issued till I-94 expiration date. But I might be wrong, so check w/ an attorney.
Hi surabh iam on l2 visa and I have ssn too is it nessecary to file for ead to find a job and can u guide me easy way to find a job. How and where I live in seattle thanks
Reshma,
Yes, you need EAD to start working. Just having L-2 and SSN doesn’t mean you can start working.
Hi Saurabh,
One quick question, I am currently in US on L1 Visa which got expired on 1st May 2012. My company filed for L1 extension and also H1B.
And I have been informed by my company that though my H1B get approved, until I go back to India and get visa stamped I will continue to be on L1 (provided the extension also gets approved) even after 1st Oct 2012. Just wanted to check whether this is correct, as I want to be sure that my spouse can remain on L2 so that she can work.
As always, Thanks for your help
Jack,
Do you know if your H-1 was approved w/ COS or w/o it? If it was approved w/ COS, then you will be on H-1 from COS approval date (typically Oct 1). This will not be true, if your L-1 extension gets approved after H-1 approval (your status will remain L-1 in that case). If H-1 was approved w/o COS, then you remain on L-1.
Thanks for the prompt response Saurabh 🙂 It is really helpful, really appreciate it.
Hi Saurabh,
Thanks for all help your are doing.
I applied EAD on march 30’2012 and biometric test on may’1 2012.After biometric test how much time it will take to get EAD in hand .I know overall process will take maximum of 90 days but people said once your biormetric test done you will receive EAD soon.Jusr wanted to confirm it.
Vishal,
Yes, it can take 2-3 months to get the EAD.
Hi Saurabh,
I read all the comments below but couldn’t find a case similar to mine.
My L1B Visa & I94 expires June 2012. But my wife who is in L2 has I94 till March 2015. Can I apply for her EAD now or should I wait for my I94 extension process to complete?
Thanks.
Sujai,
I think they will need L-1’s I-94 extension when applying for EAD.
Hi, I have applied for EAD for my wife and send it to Phonix office through mail.
I have two questions..
1) I missed to enter the alien number in the application ( which is I-94 number) but have attached the copy of I-94 with the application, will that make the application to disqualify.
2) As I sent through courier i did not have any receipt id of my application, how can i track the status of my application.
Bala,
1. They may be able to get that information from I-94 copy. I don’t think they would deny b/c of that.
2. They will send a 797C notice to your address after they receive the package and enter it in their system. You can track it using receipt number on that 797C notice.
Hi Saurabh,
My spouse L1 visa and I94 expire in June 1012 and so my EAD?
My spouse company applied for extension.
My question is can I continue my job, while the my spouse extension is in process.
Thanks
Vijji,
I don’t think you can work while EAD extension is in progress.
Hi
I am here on L2 visa.I have applied for EAD.But I am going to India in September for 2 months.
Do I need to apply for EAD again after coming back from India.
Shalika,
Your EAD would remain valid until its expiration date. So if it is approved till say Dec 2013, then you can go to India, and return after 2 months and use that EAD.
Hi,
NCIS sent me a letter requesting the last 12 months bank statements including deposits, withdrawals and current balance. Is it enough just to send the first page of each month’s bank statement that shows the: beginning balance, deposits, withdrawals and ending balance? Instead of sending the detailed summary of every month that is above 10 pages for each month?
Thanks
Masa,
You meant USCIS and not Mark Harmon’s NCIS 🙂
As long as the first few pages contain the deposits, withdrawals and ending balance you can submit those documents. Else you should inclue more information.
Hi,
I had L1 visa and got rejected recently on Mar 17th. and came back to India for my L2 visa stamping as my husbnad’s visa also L1. My husband also came for vacation to India and has to go for his L1 stamping. But due to so many reasons it got delayed. henceforth, we may travel in May 2nd week to USA (if his visa stamping went smooth). My husband’s L1 visa get expires on Jun20th.and he will apply for L1 extension. Now issue is as we have around only 1.5 month valid visa, are there any chances to reject my EAD if i apply?or will they give till Jun 20th?
Can I apply my EAD extension along with his L1 visa extension and work at that time also?
Please let me know
Thanks
sri
Sri,
They will issue EAD until Jun 20th or whatever the I-94 expiration date would be (the I-94 you guys will receive on returning to US). Once L-1 has been extended, you can file for EAD extension. I don’t think that they will extend the EAD just on the basis of pending L-1 extension. They would want the actual approval prior to EAD extension.
Thanks for your reply. Can you please clarify below
since am applying very late and i have just 1 month time, is there any chance of getting my EAD soon? is there any premium on L2 EAD
Can i work while my EAD is on extension. Please do let me know
Thanks
Sridevi
Sri,
There is no premium processing service available. You can send the request on a paper along w/ the reason, but it will be up to them whether to expedite it or not.
I have a quick question. My wife is here on L2 and wanted to apply for EAD. I am employed and stay in PA and she stays in LA, is it fine if she applies it from our LA address or she would have to file it from PA only as my company is in this state.
I am holding L2 Visa which has been expired on 31st Jan2012, also my Spouse’s Visa(L1A) has been expired on 31st Jan 2012. Both have Valid I-94 till August 2013.
Can I apply EAD now?
Suparna,
You should be able to based on the I-94s.
Hi Saurabh,
im l2 holder shall i do job with out getting EAD. if need which procedure i have to follow? plz send me reply
Suma,
You cannot work on L-2 until EAD gets approved.
Hello Saurabh,
Can you please clarify the EAD supporting document check list,
– Filing fee – Currently $380 (Please check on USCIS site for latest fees)
– I-765 form
– L1 approval notice of spouse – Is it Form I-129S Non immigrant Blanket Petition?
– Copy of Passport – Please specify which pages of Passport or whole L2 / applicant’s
Passport copy
– Copy of I-94 – Is it L2 / applicant’s I-94 and NOT of L1 holders right?
– Two photographs – Please specify the photograph sizes
– Copy of SSN (If you have) – Is it L2 / applicant’s SSN number?
Prashant,
– Filing fee – Currently $380 (Please check on USCIS site for latest fees)
– I-765 form
– L1 approval notice of spouse – Yes, I-129S
– Copy of Passport – I would suggest all pages of L-2 applicant
– Copy of I-94 – Yes, L-2
– Two photographs – The regular passport size which is also applicable to visa interviews
– Copy of SSN (If you have) – Yes, L-2
Please get this verified w/ someone who has got their EAD done in US. I don’t have any personal experience, so I am not 100% sure
Hi Saurabh
I wanted to know something about EAD…….
My husband and me n our son are going USA on L1 individual i want to apply for EAD for myself…….can i apply for EAD on Spouse’s L1 individual….
Please help me ,it would be helpful for me…
thanx
anuradha
Anuradha,
So you will be entering US on L-2 visa, which allows you to apply for EAD.
hi saurabh
I have another query.
My visa will get expired on April 2013.
So can i apply for an EAD now, if so till what date will be my EAD issued.
or do i need to apply EAD after my visa gets extended. appreciate your support
Thanks
Neelima
Neelima,
You can apply for EAD now and USCIS will approve it until April 2013. Later, when your L-2 gets extended, you can apply for EAD extension.
hi
Saurabh
Thanks for the reply.
neelima
Hi
My place on last entry into u.s is chicago. But as i had a spelling mistake in my name i had to change it. So u.s border security and customs office changed the name and they have given i-94 with correct spelling of my name and they have stamped the admitted code as INP indianapolis instead of chicago. Now in my ead form i-765 which one should i put either indianapolis or chicago.
Logs,
What’s the specific question asked in the form – are they asking about last port of entry? If yes, then it should be Chicago.
Hi Saurabh,
First of all many thanks for answering all the questions, it’s such a relief to all of us. You have been wonderful. Thanks.
My questions are:
1) my spouse is currently on L2 Visa, and my L1 (also l2) visa is expiring on May 30 th 2012. My company has filed for L1 & L2 extension, which is currently under process. So now can my spouse apply for EAD before receiving the visa extension approval (I94 is valid only until May 30th 2012)
2) My company also intends to file H1 visa for me this year, when the H1 visa gets approved, do I need to apply for COS to my spouse to H4 status immediately ? Or can my spouse continue to be on L2 visa until Oct ’12, when I officially start working on my H1 visa.
Your answers to this will be highly appreciated. Thanks for your help.
Jack,
1. I don’t think they will approved EAD extension w/o L-1/2 extension.
2. When your H-1 is filed w/ COS, you need to include your dependent as well for COS to H-4. Her COS will not go into effect immediately but will become effective from Oct 1 (which will also be the COS date for H-1).
Thanks a lot for the prompt and to the point response Saurabh. This was very helpful. Just to confirm, in continuation to response for question 2, that until OCT ‘1, my spouse can continue to be on L2 Visa right (provided its approved ?)
Thanks.
Jack,
Yes, she will be on L-2 until Sep 30th and on H-4 thereafter provided her L-2 to H-4 COS has been approved by that time.
Hi Saurabh,
How much does I-94 extension premium processing cost? And how long does it take to get the I94 extended under premium processing?
Neha,
Just the I-94 will take around $325. Premium processing will take $1225. However, if an accompanying petition needs to be filed (like H-1) then it will cost extra.
Hi Saurabh,
Thanks for the quick response. I also wanted to know how long does the premium processing take?
Neha,
PP will be processed within 15 calendar days unless RFE is issued.
Hi saurabh
I am Neelima. I am on L-2 visa. I want to apply for a EAD. So can you
tell me the details regarding this.
Thank You
Neelima
Neelima,
That is what Kumar has explained in the above article. You can go through it.
Hi
Saurabh
Thank You.
Hi Sourabh,
I need your advice regarding the I-94 extension of my spouse. Here is the details: I am on L1A visa and my visa expiry date on 20-sep-12. My spouse is on L2 and Daughter too, with the same visa expiry date. We all went to India and returned 3 days before, in the POE at JFK, I was given the i-94 till Apr-15 (3 years), but for my wife and daughter the I-94 was given till their passport expiry date. For my wife it is Dec-2012. The officer said, once the passport is extended, we can go to the nearest immigration office and get it changed based on my I-94. Is it possible. I have been reading lot of forums and finding mixed answers. Not sure what will happen? Some says, we need to go out and return. Some says, we need to apply for extension, some says the CBP can correct it.. I am kind of confused. Please advise.
Anand,
There are two options after their passports have been renewed:
1. Go to local USCIS office and get I-94 extended (cheaper)
2. Travel out of US, and return back to get extended I-94 (maybe faster, but expensive plus they need to have valid visa stamp to return).
If you have an attorney, they can submit the documents on your behalf and it should be done within few weeks.
In addition to what Sourabh has suggested, the best option is that you can go to CBP and request the officer to extend your family I-94 to match to your I-94. I recently did it without any fee and trust me there is no hassle at all. Just go and get it done in no time.
Hi Saurabh,
I got me and my hunband i-94 extended till jun 2013 but L1 and L2 visa is getting expired alone with my EAD in MAy 2012 so my question is that…
1) can I get my EAD renewal based on i-94 which is vaild till June 2013 since my husband company is not filing L1/L2 extension for us bez we got i-94 extended.
2) do you think USCIS will approve it based on i-94. is it valid? Can I go head and apply my EAD based on i-94?
Plz help me with this.. your answer will be highly appreciated. Thanks
Veena,
1. Yes, you can get that done. You can submit your/his I-94, I-129 and 797 for this.
2. Yes, I think they will based on the I-94. Is your husband on blanket visa?
Saurabh,
Yes, my husband on blanket visa. why, is there any problem.
Thanks for your reply.
Veena,
Usually in case of blanket petitions, I-94 is beyond L-1 expiration date. So there is no issue, just wanted to confirm the same.
Hi Saurabh,
Thanks a lot for information.
one more thing I need to ask since we do not have visa stamping and visa is getting expired on this may 2012 and I am going to extend my L2 EAD based on I-94 (that is valid till may 2014) so in that case what document I need to submit:
1) Latest I-94 copy (which is vaild till may 2014)
2) Do I have to submit L1/L2 visa copy which is getting expired on this may 2012
bez according to document list they need that, I am afraid if I submit that what if they reject it since we do not have stamping.
Could you please help me ?
Thanks
Veena
Veena,
I don’t know if visa stamp document is required or not, but I don’t think they will reject it b/c the stamp has expired. The visa stamp is used only to enter US and has no significance once you are inside US, as long as you continue to remain in US.
Hi Saurabh,
I have a question, I am on L2 and my husband on L1 visa, coming june 2012 my husband visa is getting expaired alone with i-94 and my L2-EAD. we have to get i-94 extended.
1) how long it would be taking to get i-94 extension? I mean with in some days or month?
2) can I apply my L2 EAD based on i-94 extension?
3) how my days EAD would be taking for extension same 90 days or lesser than this and will it be the same procedure like first time?
your help would be highly appreciated . Thanks.
Veena,
1. It can take few months
2. I don’t think so
3. Same time as before
Hi Saurabh,
I’ve two queries:
1. My wife is in US on L1 B visa and I’ve also got my L2 visa approved. I want to visit her for one month and during that time want to do work from home for my indian company. I’ll be getting paid by indian company in India only and I’ll not gain anything in US. Is it legally allowed?
2. During my stay for one month, I want to apply for EAD and come back after one month. Will there be any issue by doing this? I mean, is my physical presence needed for the same?
Thanks a lot .
Javed,
1. When on H-4, I know this is not allowed, but I am not sure about L-2. Check w/ wife’s attorney about this.
2. I think they will cancel your EAD application if it’s still under process and if you leave US.
Hi Saurabh,
I have applied EAD online on march 30 ‘2012 but fees of EAD is not debited from my bank account even i got confirmation page stats that successfully filled?(I have receipt number of my application, receipt number will generate only successfull payment).
Do i need to send other supporting document now or should i wait for any mail confirmation ?
Please help…
Vishal2,
You can wait for a week to see if the amount gets debited. You can then contact USCIS about the same. BTW, one still needs to submit documents to show why they qualify for EAD. Are you on F-1 or L-2?
Hi Saurabh,
Amount debited from my account and i requested to USCIS confirmation .pdf file as couldnt save at the time of application.Now next step i should send all required document or should i wait for them to send a mail for asking?
Vishal2,
You should send the documents to USCIS for the processing. You can get the exact process by talking to USCIS.
Hi
I am on L1 visa staying in US. I want to apply for L2 visa for my wife. i have two daughter. one is six yrs old and the other is two yrs old. my six yrs old daughter will go to school. Please let me know what should I fill for my daughter under travel information (Purpose of Trip to US ) . Do I need a seperate DS-160 to be filled for my daughters.
Rajnikant,
Yes, separate DS-160 form for each child. Once you complete one DS form, you can click on a link “Family Application” which is available towards the end of the process. This will close the DS form and you can then make the necessary edits in the cloned DS form. They are travelling to US to be w/ their parents (same reason as your wife).
Hi Saurabh,
My current L2 visa expires on 16th May, by my EAD is expiring on April 16th 2012. I had applied for a renewal in Jan 2012. It’s been 75 days since filing but I haven’t seen a change in the status from initial review. I had also put in a request for expediting my case through the customer care and got a reference no. for the same. It’s been 10 days since but the status hasn’t changed.
What should I do now?
Is there a chance that my EAD will be denied as I have only 5 months before my visa expires?
If I don’t receive any communication within 90 days of filing, will I get a temp card?
Kindly advise.
Many thanks & regards!!!
Neha,
They will not deny the EAD just b/c you have 5 months left on visa. When you placed the request to expedite, you just put in a request, but didn’t pay any premium processing fees, right? So it is up to them to complete the process within few weeks or several months even after expediting. This is unlike premium processing cases where one pays $1225 and USCIS adjudicates the petition within 15 calendar days (no such service available for EAD renewal). I don’t know if a temporary card is issued after it has been pending for 90 days.
I guess I have no option but to wait.
Many thanks again for a detailed reply. Appreciate your help!
Hi,
I am on L1 visa which has validity upto 2014. My wife wants to apply for L2.
We have two kids who are going to school; will this be a constraint to get L2?
Please clarify.
Thanks in Advance
Ram
Ramgopal,
No it won’t be a constraint. Even your kids can go for L-2 visa stamping in future and then join the schools in US.
Hi,
I recently got married and I only have my “Marriage License” and not the “Marriage Certificate”. Apparently, the Marriage certificate takes time to be mailed to us. I am filing Form I -130 tomorrow and was wondering if I can send the “Marriage License” with my application instead of the “Marriage Certificate”?
I was also thinking of including a letter to USCIS explaining to them that I don’t have the “Marriage certificate” yet, but in case they need it, I will mail it to them once I receive it. Please advice.
Thanks so much
Masa,
If you cannot wait for the certificate to arrive, then you can try to do this. You can also check w/ the specific consulate if they have any such requirements/preferences.
Hi Saurabh,
My husband is on L1 and I am on L2 EAD working here. Our Visas and 1-94 and my EAD are expiring in Aug 2012 and his company is filling for a I-94 extention for both of us. I have a few questions:
1. Can I apply for a EAD renewal after we receive the I-94 extention? Or do we need a stamped L1 visa for that?
2. Can we stay in US after our current I-94 and L1 expires and our extention is in process?
3. If yes, then can I apply for a EAD renewal based on I-94 extention petition?
Would highly appreciate a response to these questions. Many thanks!!
Neha,
1. EAD renewal can be applied once you receive new I-94s. L-1 visa stamp is not mandatory in this case.
2. Yes, you can stay up to 240 days beyond I-94 expiration date or until L-1 extension denial date (whichever is earlier)
3. No, you need actual approval to apply for EAD renewal.
Many thanks for a quick response!!
Hi,
I am currently on an L-1B visa that expires in March 31, 2012. My husband is a US citizen and I am working on filing all my Forms altogether at once before March 31, 2012. I am applying for Form I-765 so that I can work in the US later on?
Since I have an L1-B visa, which of the following categories in Form I-765 do I need to apply to?
1) Permission to accept employment, or
2) Renewal of my permission to accept employment (attach preview employment authorization document)
Thank You
Maysa,
I-765 cannot be used for L-1B visa. To continue to stay and work on L-1, your employer needs to file for L-1 extension (I-129). I-765 is for EAD which is not extended to L-1B visa holders. If your husband files GC for you, then you can get EAD after it AOS has been filed.
I don’t want to extend my L-1B visa, because I want to work for another company . So if this is the case, I should still apply for Form I-765, right? .
In Form I -765, which category should I select “Permission to accept employment” OR “Renewal of my permission to accept employment (attach preview employment authorization document)”?
Thank you so much for your reply
Maysa,
If you want to work for another employer, then you need to find H-1 sponsorship. The employer can then file H-1 for you and you can start working for them from approval date (typically Oct 1). There is no visa where you can self-sponsor work authorization. It can either be through H-1 sponsoring employer or through EAD which come after your AOS is filed.
Hi Saurabh,
I have a question regarding EB2 GC process. Applicant has MSC and MTECH from reputed Indian Universities and nearly 10 years of work experience (8 years in India and 2 years in the USA). Applicant’s job requirement is BS or 5 years experience or MS with 2 years experience. Attorney had applied for applicant’s I-140 under EB2 category with MS + 2 years experience and now received RFE from USCIS asking for proof for Master’s education. Though Attorney had got education evaluation done and submitted, I think USCIS had overlooked in the application and sent RFE. In this situation, what are the chances of getting I-140 approval after attorney respond to the RFE.
Thanks,
Roomie
Roomie,
What you can do is get the degree evaluated by couple of other agencies as well. And then submit the response from all 3 agencies to show that the person has really done eligible Masters and qualifies for EB-2.
Question: Do I need to send the original L1 acceptance or copy?
Mr Adage,
Copy of L-1 needs to be sent.
Hi Saurabh,
I am currently working in USA on L1 A Visa. My spouse is also having L1 A visa from other company. I have following questions,
1. Can I apply EAD directly while working on L1A visa with my current employer? (I do NOT have L2 visa stamped on my passport)
2. What is the best solution if I need to work on EAD in next couple of months without leaving USA?
Prashant,
EAD can be applied only after you have filed COS from L-1A to L-2 (i.e. become dependent of your wife’s L-1A)
Hi Saurabh
I am working for a very well know INDIAN Company ACS, and I am on L1 for the last three years and I am planning to change to L2 as my spouse is also on L1. Can I do that here itself(USA) without going to INDIA? Do I need any documents(related to my spouse) from company to change my status as dependent if I am planning to change here itself?
DSPC,
You can file COS from L-1 to L-2 and be on L-2 from COS approval date. For this, you would need your current L-1 information and documents (to show that you are currently in status) and L-1 information of your spouse (to show that you will be in status once L-2 is approved).
L2 visa/I94 expiry and EAD Application
Hi Saurabh
My L2 visa will get expired on 2nd April 2012 but i have filed for I94 extension. My spouse L1B visa will also expire on April 2012, but his I94 is valid till 2015
Can i apply for an EAD once i get I94 extension approved with an expired visa?
Also if i have filed for a I94 extension (I539) and received an acknowledgement receipt from USCIS, but if my application is pending or in process, can i still stay in US (for 240 days) till my application is adjudicated by USCIS.
It will be of great relief if you can provide me with information on the above cases.
Naina Kapoor,
You can apply for EAD once you receive the I-94 extension. It is ok for the L-2 visa stamp to be expired in the passport at that time.
Yes, you can stay for 240 days after your I-94 expiration date as long as your extension is still under process.
Hi Saurabh,
Thanks for the reply.
It is really a great relief to hear that.
I also have one more question,
If i have filed for 194 extension and i am staying in US after my visa expiry date and if my 194 extension is denied by USCIS later, will that extra days stayed in US become an overstay.
Will i be able to apply for a H4 visa later or does this overstay effect my future chance for entering to US in anyway.
Please confirm that.
Naina Kapoor,
Any stay after your I-94 extension is denied will be considered as illegal stay. However, the time spent b/w I-94 expiration date and extension denial date will not be considered as illegal.
I don’t think this should impact your future H-4 filing, as long as you leave US in a timely manner after denial.
Hi saurabh ,
Thanks for the information.
I really appreciate that.
Hi Saurabh
I have an inquiry regarding the above case
I have filed for I94 extension last week, but haven’t received the confirmation receipt yet. Can i stay back if i don’t have receipt after my visa expiry.
Naina Kapoor,
It should be ok as it was timely filed. However, if it gets lost in transit or USCIS doesn’t receive it, then it can be an issue. Do you have a tracking number to show that USCIS has received it?
Can i apply L2 visa for my Mother? My Father father is expired 8 years ago and i have a valid L2 for my wife and kid?
If yes pleae let me know the documents that will be needed to file my Mother’s L2 visa.
Manav,
Unfortunately no. L-2 visa can only be applied for the spouse and minor children. She can go for B-2 visa but that will allow her to travel to US only for limited number of months.
I am in US in L1 visa and my wife is in L2 visa. She recently applied for L2 EAD and received the EAD card. But the EAD is valid for ONE YEAR only. It neither depend on L1 or L2 visa date nor depend on I-94 visa.
L1, L2 visa vlidity: Nov 2013
L1 I-94 validity: Nov 2013
L2 I-94 validity: Jul 2014 BUT
EAD validity: Feb 2013
Is it just like that? or Is there any way to get it corrected?
Is anybody facing te same situation?
Thanks,
Saran
Saran,
I doubt if they would correct it. Once the EAD is about to expire, you can file for EAD renewal.
I came to US recently and I have applied for my SSN and EAD. This is expetected to take some time.
I am here on L2 (Dependent) visa, my wife has Blancket L1. My wife will be here for the next 3 years and I plan to continue working in india. I work for a large MNC with facilities in USA and my work involves travel. I have no business Visa with me. Can any one confirm that, once i have my EAD will i be able to come on business with the L2 visa and work here for a week or two or i need a business visa and cannot work with L2 visa. I want to strictly go by the rules.
Request a response
Thanks
Stanley Heber,
If you have L-2 and EAD you can travel and work for any employer in US. However, I don’t know if it is recommended to enter US on L-2 for just short visits every few months.
Thanks Saurab for your quick response, however i am still unclear whether its legal to come for business visits with my L2 visa. L2 visa entitles me to work in the US for any US employer, but working in BLR and coming on business trips with L2 is something i need to know
I checked with an aquintance and he told me visiting frequently on L2 is not an issue, but my concern is coming on business visits on L2 Visa as i wish to come on work and then spend some time with my family before i leave
regards
Stanley Haber,
I don’t think there is any restriction on the kind of work one can do on L-2 EAD. One can do a high skilled work or can do a low skilled job. So I would expect one to be allowed to attend business meetings etc while on L-2 visa.
You may be questioned about the purpose of your visit when you enter US on L-2 visa. As the L-2 visa is primarily for family reunion, the reason should be being w/ the family. Being allowed to work (meetings etc) comes as an additional perk.
Hi ,
I have my L2 EAD valid till april 12th 2012. My Husband is on L1 visa. Currently we are in US. His L1 and my L2 is valid till april 12th 2012. He is planning to apply for L1 extension in march 2012.
When his L1 extension is in process. Can I apply for EAD extension?
Regards,
Jothsna.
I think (but I am not sure) that your EAD extension can be filed after L-2 has been extended. So you need to file for L-2 extension along w/ husband’s extension and once that has been approved you can apply for EAD extension.
Thanks Saurabh.
Hi
I am on L2 VISA and applied for EAD (through post). I did not receive call for biometrics yet. Is biometrics mandatory for EAD. I heard in some cases, USCIS did not call for biometrics. I need to travel to INDIA at the earliest.
Thanks,
Vinod.
Hi
Husband is on L1 and wife is on L2A and working and also submitted for H1 . If husband is in India and can wife stay back in the Usa. If so howmany months can she stay. If L2A person has applied for H1 and still waiting for approval cannt she go to India? please advice..
There is no clear rule on how long can the wife continue to stay in US on L-2. What USCIS says is that one cannot “park” the dependents in US while the primary beneficiary has left US. If the husband has left for India for few weeks w/ intention of returning to US soon on L-1, then it is fine. However, if the husband has left for India for months w/ no clear timeline on when to return to US, then that would be considered as “parking”.
Staying in US on L-2 b/c H-1 is pending is not a valid reason if the L-1 holder has left US.
Thank you Saurabh. Hisband who is on L1 has left for India for L1 stamping and not sure how much time it take to come back. In this scenario can wife who is on L2 can stay back in the USA till her I-94 is valid? I-94 is valid till 01 FEB 2012.
Regards
When did the husband left for India? When is the L-1 visa holder planning to go for L-1 visa stamping?
If the time spent in US on L-2 w/ L-1 visa holder outside US is more than 3-4 months, it’s better to talk to an attorney to be sure that it won’t be considered as “parking”.
Thank you Saurabh,
L1 visa holder applied for extension and there is not project in the US so moved back to India almost month ago. Received RFE and I am not sure when the compant respond with the concerned documents as required. L2 visa holder has her visa till 01 FEB 2012.
L2 visa holder who had applied for H1 also received RFE.
So by Feb 2012, the L-2 visa holder would be in US for around 3-4 months since the time L-1 visa holder left US. As she has applied for H-1 as well, it may be a good idea to upgrade it to premium processing and so that she can move to H-1 status quickly.
Hi Saurabh,
I have applied for an L2 EAD , i have a job offer which requires immediate joining. Can i start working legally before i get an EAD in hand.
If i start working without EAD in hand will impact my spouse L1 holder by any means..
Pls suggest asap.
You should not work until EAD has been approved. See if the L-2 EAD can be expedited (I know one can expedite EAD based on OPT, but don’t know about L-2 based EAD).
Hi
My husband applied for EAD while he was here for 3.5 weeks recently (He is on L2 visa while I am having L1-B). He did not get a notice for biometrics in these 3.5 weeks. He has returned back. We asked the USCIS guys and they mentioned that he can postpone the Biometrics date when he recives the notice and come in US to give it when he is ready. However my question is:-
1) For how long can we keep postponing the bio date?
2) Once the biometrics is done, I am aware that we have to wait for 3 months to get EAD. However can we file for H1-B immediately if he gets a sponsor?
3) Suppose I file for H1-B in April 2012( as my L1-B is expiring in Sep 2012) and it gets approved before Sep, will his EAD be invalid?
4) Can I stay in US on the notice of approved H1-B and wait till I can start working on the new visa? Would we have to return to India in Sep 2012. Also if so, would we have to get stamping done?
5) In case if I get my H1, my husband would be on H4, would it be easy for him to get a job and then get a transfer in H1-B?
Me and my husband both want to get H1-B in 2012.
Let me know your thoughts.
Regards,
Rama
I don’t know all the answers to your questions, but will try to answer those that I know
3. L-2 and EAD will be invalid once you move to H-1.
4. If you have filed H-1 w/ COS, then you can continue to stay for up to 240 days after your I-94 expiration date while your COS is pending. In case your COS is denied, then you will have to leave US ASAP. Also, if COS is approved, then your status would be H-1 from approval date, and there is no need to immediately get H-1 visa stamped.
5. It depends upon his skillset, location etc. Generally it is tougher to find employers on H-4 than on F-1.
Hi Saurabh,
One more question, If I am on L1-B and start looking for a job , do i qualify for H1-b exempt from the CAP system? I am asking because ideally if I do get a job it would be like a visa transfer right?
Let me know.
Regards,
Rama
You do not qualify for cap-exempt petition on the basis of your current L-1.
Hi,
Thanks for this site which was really helpful.
I came to US recently and I got my SSN. The name in my passport and SSN are not both the same (In passport I had my full name but in the SSN it is abbreviated with intials as mentioned in the I-94).
Could someone let me know whether this will be a problem or can I still apply for the EAD with my passport and SSN OR only passport.
Thanks,
Nirmala
Hi Saurabh,
First of all kudos to all the effort you are putting in to answer the myriad of Qs, and making life easier for so many of us. I have a Qs regarding my wife’s status. My Visa (L1-B)/ I94 is valid till Sep 2012. My wife is on L2 , which is valid till the same (Sep 2012). But her passport was having an expiry in Nov 2011… as a result her I94 and subsequently EAD were both till Nov 2011. We had applied for a passport renewal and have got the same. Now to update the I94, we assume we need to leave US ( havent yet done will go to Cancun next week), which should get her an extended I94(while getting into US at POE). Now we have applied for the new EAD in July 2011( call it renew? not sure) … and she has got an RFE to send the I94 records of both of us; Issue is we are apprehensive, if an imminent expiry of the I94 would hamper her chance of getting the new EAD also.
If you could throw some light , that would be very very helpful
Best Regards,
Anindya
They might not issue a new EAD until I-94 gets extended. So it would be better if you can first get I-94 extended and then submit the documents to USCIS for new EAD.
Thanks a lot Sourabh, for the ultra quick reply …..
Actually I have already submitted the documents on reply to the RFE, including old ( still valid I94). Is it okay to pro-actively submit the new I94 , once I get the new one…. or the extension plea will get rejected/ another RFE .. or we have to reapply for a new EAD ?
Best,
Anindya
I don’t know if new I-94 can be submitted later or not. You can try to submit the new I-94. If they accept it and process your EAD on it’s basis then well and good. Else you will have to reapply for the EAD.
Thanks again Saurabh for being so prompt. Final Qs, for getting a I94, I am planning to go to Cancun,Mexico. I came to know that for an Indian national, having a valid US VISA, no Mexico Visa is needed. I will taking JetBlue International flight from JFK to CUN. Do you know if while leaving US soil , my wife’s old I94 will be taken (so will be mine) away , and while coming back we will be issued new I94( for my wife this shall ideally reflect the date till theVISA expiry , which is Sep 2012.) . Can you please suggest, and I shall lock ,my plan to Cancun…
Many ThankS in advance !!
Regards,
Anindya
IMO, you should submit the existing I-94 when leaving US and ask for a new one while returning to US. However, I am not sure if they always ask you to submit I-94 when leaving to neighboring countries or issue a new one when you return back to US from that neighboring country (CA or MX). Check w/ someone who has travelled to these countries and did submit I-94 and was issued a new one on returning.
Hi Saurabh,
I appreciate ur efforts to all the responses. In my case my wife is on l1 and her i94 is expiring in may and so is my ead but our visa is valid till next year. I have applied for my ead extension as I have my i94 valid till aug 2013. In parallel we have also filed for i94 extension of my wife for which we have received the acknowledge. Is it ok to submit my i94 and the acknowledge for i94 extension? Or should I wait for her new i94? As this is a renewal case do you think I94 of l1 applicant is important.
Thanks in anticipation.
Yougal Lakhani
Yougal Lakhani,
You are a dependent on her, and your legal status is determined by hers. So her I-94 is important when filing for your EAD extension. I doubt if they would issue EAD extension for you w/o her I-94 extension.
Thanks Saurabh for your quick response. In that case I will loose my current job as not sure when we will get original I94. Do you think acknowledgement form uscis for extension request do any good?
Do you have any idea about I94 processing time?
Is there any other way I could get a fresh I94 quicker? I read in some of the post where people advised to travel back to home country and request for new I94 in return though not sure if that really works.
Thanks and regard
Yougal Lakhani
Yougal Lakhani,
I don’t think the acknowledgment is good enough. There is no way to expedite the I-94 extension. You can try calling USCIS, but not sure if you would help.
Yes, she can leave US now and return on stamped L-1 visa. They would issue a new I-94 at the PoE, and you can use that for filing your EAD extension. She can go to CA/MX as well to do this.
I efiled my application and given biometrics too but did not send copies by mail.
DO I NEED TO SEND copies by MAIL?
[Email Removed SPAM ]
Thanks a lot Saurabh…
Hi,
Can any one tell me how long will it take to get EAD after filing the application by mail.
Also any idea that L2 EAD person can work any type of job or only the principal applicant related profession job only?
Thanks
Sri
Hi sri,
Processing time of ead depends on the processing center. It varries from 6 week to 3 months from the date of application. Generally it take 3 week after biometric test.
Regards
Yougal
One more question:
If L1 travels out of the US for whatever reasons but will return to the US in say 2-4 weeks time for sure, does the L2 dependents need to travel with the L1 – the primary applicant? Please advise.
Not necessary. They can continue to stay while L-1 visa holder makes a temporary trip abroad. However, one cannot “park” their dependents in US. In other words, if the stay outside becomes longer (I am not sure if 2-4 weeks qualifies as a long stay or not), then the family needs to travel as well. Talk to a lawyer for an exact answer.
My L2 VISA and I 94 are valid till November 20th 2017 but my EAD is till Oct 5th 2017. I have applied for my L2 extension and it is in progress. Can I apply for EAD renewal right now based on my current L2. Do I need to wait for my L2 extension to arrive before applying for EAD renewal?
Thanks Kumar for this info. Much appreciated.