Immigration Issues/L2 VISA /EAD
QUESTION: Hello Sir,
I am currently on an L2 VISA and working with an EAD. My I94 expired on 4th March 2012. My husband and I have filed for I94 extension dec 2011 and are still awaiting a response. However my EAD expires on 5th May 2012. USCIS told me that I should not be applying for EAD renewal untill I get my I94 extended -
1) Considering the above scenario I will be out of Job starting 5th May 2012. Can I file my EAD while I am still waiting for my I94?
2) Do I need an 'in-hand' approved EAD to work or can I continue working after I receive the EAD application/file Id?
3) My Employer is ready to file an H1 or any other VISA that will allow me to continue working. I understand H1 will be effecitve only after Oct 2012. Is there anything else that I can consider? Kindly advise.
Thanks so much for your time. I appreciate your help.
ANSWER: It would be helpful for me to properly advise, if you can provide some details about your EAD and the category issued under.
Thank you & best wishes,
---------- FOLLOW-UP ----------
QUESTION: I have received my EAD based on my husband's L status. I am on an L2 VISA. EAD Details -
Category - a18
Date of Issue - 08/17/2011
Date of Expiry - 05/04/2012
Let me know if there is some additional information you need.
Dear RL: Considering your situation, your husband and you have applied for extension of L1 and L2 respectively which is currently pending and your current EAD based on L2 status is expiring on 05/05/2012;
1) You may file EAD renewal with receipt of L2 and L1 renewal but it will not be approved until approval of L1/L2; however, you may continue working based on L1/L2 renewal currently pending (there is no reg to support this though.)
2) See above.
3) To my understanding, any other recourse is not available. Filing for H1, F1, O1, etc. would not help you to continue working.
I would suggest you seek proper professional help with all the details and copy of your file ASAP.