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Immigration Issues/L2 EAD query in case of new L1 petition


Hi, I am looking for some advice related to our current visa issue. I have been working on L2 EAD from past 2 years and my husband is primary L1A visa holder working in USA from last 4.5 years. Our visa has expired in 2014 and since then we are staying here on basis of current I-94 valid thru 30 sep 2016.
Due to some unavoidable situation we might need to leave for india soon but inview of our expired visa , my spouse company suggested to file a fresh L1A petition for him now and once it gets approved , we can visit india and get stamping done against fresh L1A petition.
Now my concerns are-
1: Is my current EAD will be void once we get a fresh new L1A approved petition?
2: Does USCIS send new I-94 also along with freshly approved petition when the primary is in USA
3: In view of new petition, how soon I can apply for new EAD on basis of new petiton? also until I get EAD against new petition , what will be my legal work status in USA? Do I need to quit my existing job ?
4: Do we need I-94 for L2 EAD filing in case of fresh petition in USA

Thanks in Advance..!


Excuse me for the delay.

1. If your husband gets new L-1, your EAD will remain valid. In other words, as long as you remain in lawful L2 status, your EAD remains valid until it expires or is explicitly revoked by USCIS.

2. If the principal is in the USA and if his new L-1 petition is approved, he will be issued a replacement I-94 with a new departure date.

3. I recommend you to file for a renewal EAD more than 120 days before your original EAD expires. If your current EAD expires and you don't have your new EAD, you will have to stop working.

4. To apply for a new EAD, you need a copy of I-94.

Thank you for your attention. Best regards.

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Hung Viet Can


I can answer nearly all questions concerning Canada and U.S. immigration.


I have worked for more than 20 years in the field of Canadian immigration and more than 7 years in the field of U.S. immigration.

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