File L2 EAD extension without an approved L1, L2 Visa - send approvals later for pending EAD

Hello,

I’m on an L1A with my petition end date being 09/19/2020. My Organization typically applies for an extension for both primary and dependent in the last month [ September in my case ].

My I-94 had a valid until date of 11/04/2022 and my wife’s is until 09/19/2020. My wife has an L2 EAD which too is expiring on 9/19. My organization wouldnt file for an EAD extension for my wife.

I assume that I cannot file for an EAD renewal until I’ve received an approved L1 and L2 extension. I have an approved I-140. I wanted to know if this can help me file for an EAD extension for my wife.

Currently EAD extension take 3-6 months to come thru and if my wife’s EAD is filed after we get our Visa extensions she would end up loosing her current job.

Also, is there a provision of me filing an EAD extension without an approved L1 and L2 Visa and later do a SR [ Service Request ] to substantiate approval of Visa.

Please kindly help with my query.

You can apply L2 EAD with pending L1, L2 applications.

If you apply L2 EAD without a pending or an approved L1, you won’t get any benefit.

There is no provision of sending L1, L2 approvals using SR later as far as i know.

Thanks for your response Anil. I have a few follow-up questions :

  1. Would an approved I-140 help / can be leveraged for an EAD extension. In other words are there any benefits of an approved I140 for primary while applying for an extension for the dependent [ L2 ]

  2. In the current COVID-19 situation, is there a provision that an L2 EAD holder can continue in his/her job as long as he’s received a receipt # of an extension application. This is in contrast to a regular situation where the person mandatory needs to have a physical, valid EAD card to work.

Thanks again for your help !

There is no exception to L2 EAD working without an approved EAD card in COVID-19.

I140 has nothing to do in this situation and cannot help L2 EAD independently.

1 Like

Hello Anil-
My Organization would file for an L1 and L2 extensions by 7/10. I’m planning to file my wife’s EAD a day after and quote the FEDEX tracking number in the cover letter of EAD extension.

I want to do this so that I dont lose on any further time for applying for an EAD extension. Could you please help me understand if the tracking number would help USCIS tie back EAD application to the Visa extension request and progress with EAD renewal.

Thanks.

Hi @sumit3112

Not sure who told you that using Fedex number will work for filing EAD application. It won’t work.

Wait for the L1 extension receipt and then use this guidance to fill EAD form:

Hi Anil-
My Organization filed for my L1 renewal on premium and in the same package also included my wife’s L2 renewal.

This was filed on 08/07 and on 08/10 my organization received an email of my receipt # from USCIS.

I havent received the receipt# of L2 yet however its been filed.

Can I reference the L1 Extension receipt number to file for my wife’s L2 EAD. Kindly please confirm.

Thanks
Sumit

Hello Anil,

As of today, my L1 A Visa extension has been approved until 9/20/2022. I have already applied for my wife’s EAD extension [ attaching my L1A receipt # ] and it was received by USCIS Vermont Service Center on 8/12/2020. Since her current EAD would be expiring on 9/19 and she cannot work beyond that.

I had called up USCIS and spoke to the Level-2 and requested to expedite the case on 8/25 and my requested was accepted however no document was requested then and was told that I would get an email from the Vermont Service Center in 5 days of time and they would ask for requisite documentation.

We received an email on 8/26 with the message as - we denied your request for expedite processing of your Form I-765, Application for Employment Authorization, Receipt Number EACxxxx. You did not provide evidence of an extreme emergent need. This came thru as a surprise as we weren’t given an option even to substantiate our request with a document and it was rejected outright.

My wife’s employer has provided a letter stating the consequences of discontinuation of employment basis financial hardship and impacts to client projects.

We’ve also approached our local senator to help expedite the EAD renewal approval and have provided her with the privacy forms and the letter from employer. We anticipate that they’d put forward our case before USCIS.

My question is can I also go ahead and raise an independent expedite request again to USCIS or wait for a response back from senator,
would multiple expedite requests help or be counter productive.

Please kindly help us guide in this situation.

Thanks.
Sumit

Its better to wait for senator’s response as per my opinion.

Thanks for your response Anil.
I did contact the Ombudsman to help in expediting L2 EAD approval. I got a message from them that since my wife’s L2 is also in process that needs to be adjudicated before EAD can be approved. I wanted to check with you if that’s the case or we have an alternative. Currently L2 processing time at California Service Center is 6 months [ currently processing Jan 2020 ] and if L2 approval is a prerequisite for EAD approval than I believe it’s a long wait time. Please advice.

L2 EAD cannot be approved without an L2 approval.

This thread is very helpful. Can you please clarify the below.
In my case L1A extension petition has been filed and got the receipt notice.
With the receipt notice, I am trying to process extension for my dependents.
L2 spouse and extension of his EAD. Since the dependents I-539 application are being sent separately, I am confused with the location where should I send. The Filing Addresses for Form I-539, Application to Extend/Change Nonimmigrant Status | USCIS does not specify which location to be sent for “L2” … It has given very specifically for every visa but not for L2. Can you please let me know any suggestions on this.

Hi Sumit,

I have gone through your updates. I am also facing same scenario like your wife. Can you please let me know how long it took for your wife to get EAD card. From the thread, I understand you have reached out to senator. Can you please let me know does it helped to accept the expedite request by USCSIS when L2 visa extension is still pending.
Please kindly help me.

Thanks,
Aarthy