can EAD Holder stay back ?

[basav]

Hi,

I am here in US on L2 with EAD valid till 2009, if my spouse who is on L1 leaves US back to India

1. can i stay back working in US since i have valid i-94 valid till 2010 (As long as i dont go out of US)
2. My son who is also on L2 (Dependent of L1) with I-94 till 2010 can he also stay back in US ?

Appreciate replies in this matter,

Thanks,
B

 

[Triple Citizen]

As far as I know, the answer is no to both. You (and your son) got L-2 status due to being dependents of the L-1 status holder. If that person is no longer in that status and has left the US, I see no reason for his dependents to continue living in the US in their derivative statuses.

1. can i stay back working in US since i have valid i-94 valid till 2010 (As long as i dont go out of US)
2. My son who is also on L2 (Dependent of L1) with I-94 till 2010 can he also stay back in US ?

 

[nscagony]

Its an interesting question though. The primary applicant is allowed to travel, for example, and the dependents remain in status. The question is where to draw the line between temporary leaving and abandoning the status. I have never seen any definitive guidance on this. As far as the intent of the law is, the dependents clearly have to leave as well. But the exact application of the law may vary. Consult an experienced immigration lawyer.