L2 EAD extension while L1 being extended - can we do multiple L2 EAD application?

SimD

New Member
#1
Hi all - my L1 is due extension in Jan-2019, so is my wife's L2 EAD.

There are 2 options people have talked about to get the L2 EAD extended without a discontinuity of dependent's job

1. Concurrent filing of L2 EAD along with L1 extension - However, most employer won't allow this (neither is mine)
2. Applying L2 EAD with the L-1 extension receipt - However, one may just get a denial in the end and lose the time on waiting after L1 extension is approved. Yes, RFE's could be issued in this case, but starting 11-Sep with the new RFE policy, it's likely that USCIS would give a direct denial as essential documents are not submitted. So this is not an option either.

I am considering if there is a 3rd option to make 2 applications. I.E. we follow the #2 above, - but once the L1 extension gets approved, make ONE MORE fresh L2 EAD application (with another processing fee) with all documents. The pros of this approach is that it's a win-win situation and only thing to lose is the processing fee.

1. IF the original L2 EAD application itself is approved on the ground of the L1A receipt and approval status in USCIS system> The 2nd application just becomes duplicate, but it can't deny your already approved L2 EAD
2. IF the original L2 EAD application itself is denied > The 2nd application becomes a re-application with all documents, - yes this then dont get the time advantage, but atleast you didn't lose time waiting for the first application that eventually would have got rejected?

Let me know if this is a legal option or not? Is there any reason I should not be doing this.... what happens when there are 2 application filed for the same beneficiary and class? Has anyone done this?
 
#2
My response here would not provide answers to your questions, but this is only to share my experience, for whatever value it might have. I have the same questions as yours a few months back. My husband and I took Option 2 - Apply for EAD only when L1 extension had been granted. My husband's initial L1 visa, my L2 and EAD are due to expire Sept. 30, 2018.

Reasons for taking Option 2:
1. My husband's employer recommended that he got his L1 visa extension thru consular processing. (It seemed the reason was that he would get the approval stamp in a week's time at a US embassy.) We had his visa extension application in July even if the expiration was not due until Sept 30, 2018.
2. To apply for EAD, I needed to submit evidence of my lawful L nonimmigrant status (I-94 and US Visa L2 sticker on my passport). If I had done it in June, that is 120 days before my EAD expiration date and prior to L1 extension approval, I would be submitting the same evidence as I had for my first EAD. I was not sure if USCIS would deny my renewal application if the supporting or underlying L1/L2 visa was about to expire.

My initial EAD was processed only for 7 weeks at Vermont Center in 2016. With the EAD delivery notice stating that I should include the barcoded letter for faster processing of my renewal. But of course, policies have changed. Now, it takes 2.5 - 5 months for Vermont Center to process EAD.

Unfortunately, I now have to discontinue my existing job as I need to be out of my employers when my EAD has expired. Unless, a miracle would happen between today and the 30th. Keeping my fingers crossed, and praying...
 

SimD

New Member
#3
Thanks for your response @onlytime

So we filed in premium, and today all applications (I-129, dependent I-539, wife I-765) got RFE.
Yet to receive the RFE in hand for I-129 and I-539, but havw the RFE for EAD, which just says the photo being 5 years older, well the photo is only 2 days old just that it was not typed with name in the back of it.... but anyway this seems to be an easy fix, but I think the I-129 would be a hard one... and i dont even know what could be the reason for I-539 RFE.

I dont know if I can now just abandon this USCIS request and try for consular processing like you mentioned? My US visa is still valid (till 28-Jan-2019), if we go to our home country (India), or even Canada are you saying with a blanket petition from my employer I would be able to get a new Visa and come to US?
 
#5
Unfortunately, I lost my regular part-time job. I needed to be off payroll/not working without an EAD. And, sad to note as well, a job offer I had from a multinational company I used to work when I was still out of the US was withdrawn. The HR said they cannot hold the job vacant, and only waited for a month and a half (after I accepted the offer) for my work authorization card. I was supposed to start on Oct 1. :( Until now, I still do not have my EAD. I have 101 guesses what could be holding up the processing of my EAD extension application.

It would be best to get the advice of the lawyers of your company regarding your options. My husband's company had L-blanket petition, and it compiled all the docs (sometime during the 2nd quarter 2018) we needed to bring to the US embassy. We were fortunate to have the approval on the same day we presented the documents, and just waited a few more days to get our passports with the new visa stickers.
 
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