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Question
My L1B visa expired on April 2011 but I94 is valid till Dec 2013.
So I am legally working here on my I94.
My spouse is also on L1B. Her I94 and visa both expired on June 2011. She applied for extension but received RFE couple of weeks back. Last date to reply RFE is Dec 15 2011.
Under this circumstances can she convert her L1 to L2 based on my I94? If yes, can she apply for EAD once her L2 gets approved?

Please reply to this urgently, we are unable to take any decision to proceeds.

Answer
Hi,

If your wife files for L2 now, after her current I-94 has already expired, she will be granted change of status by the USCIS to L2 status only if the L1 extension is approved first.

The alternative is to depart the U.S. and obtain L2 visa stamp at a U.S. Consulate in her home country. She can depart the U.S. anytime, and the Consulate should issue her the L2 visa stamp based on the fact that you are maintaining your L1B status. If her L1B extension is denied and your wife has still not departed the U.S., she must depart the U.S. as soon as possible at that point.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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