Can EAD and L-2 be renewed together?

[mallusan]

Hi, I am on L1-A, and my spouse has L2 based EAD.
We are about six months from the expiry date for
all three (L1-A, L2 and EAD). I want to start
renewal process for all three, in particular to
avoid any breaks in the EAD.

The lawyer my company has retained says the EAD
renewal application can only be filed after the
L2 renewal is approved, and to ensure no break in
the EAD, we should use premium processing for the
L1-A and L2 renewal, and that will cost me a grand.

Is this correct? Can we include the I-765 EAD
renewal application along with the I-120 for the
L1-A and the I-539 for the L2?

If the answer is "yes", then can we do this even if
we are filing for premium processing for the L1-A?

Our service center is California, if that matters.

Thanks in advance for any advice.

 

[Jim Mills]

You can file for Premium Processing for the L-1 but NOT for the L-2. However, if both petitions are filed together, INS often approves them both at the same time and the L-2 also derives the benefit of the premium processing. INS is under no obligation to do so.

As far as the EAD is concerned, the only required evidence (see the I-765 form) is that the applicant is the spouse of a person holding L-1 status. I would apply for everything simultaneously and see what happens. You really have nothing to lose other than the EAD application fee and even then INS will most likely accept the application.

 

[mallusan]

Jim,

Thanks for your reply. Meanwhile, I did shell out money for premium processing on the L1 extension, and BCIS extended the L2 along with it. We just send in the EAD renewal application. We have more than 90 days before expiry of current EAD, but of course, California Service Center now takes five+ months for EAD, so queueing up at the local INS office is in my wife's future.

I did it this way for two reasons. One, my employer's immigration attorney advised me that filing the I-765 simultaneously will not speed up processing, and two, I would have had to retain them to file it together with the L1 extension.