L1 extension approved, L2 and EAD pending. All three filed concurrently in premium

USA H4-EAD
1

Hi,
My employer filed for my L1 extension and my wife’s L2 and EAD extension in one single package in premium processing.

My L1 extension approval email came on Dec 19th (a week back) within the 15 day timeline.
However, my wife’s L2 and EAD extensions are still pending. Normally, when filed concurrently they decision the cases together.
Does it mean there could be some issue with our L2 and EAD applications?

I called USCIS and they just said that the cases are still pending decision.

Is there anything we can do to expedite decision on our cases?

Any suggestions are welcome.

Regards
Mudit

2

Hi @magra

Congratulations on L1 approval.

The premium processing is just a courtesy and is not guaranteed for L2 and L2 EAD.

As you said most cases do get processed in premium timeline but it’s just your luck.

There is no need to worry about your L2 extension and L2 EAD. They will be worked on in regular processing timeline.

3

Thank you Anil on the prompt reply.

So is it purely bad luck that they randomly decide to not extend courtesy in some cases? Or is it something inherent in those appications or the time of the year which leads them to do so?

I am worried because my wife’s EAD has expired and her employment will be terminated if she does get the new EAD soon.

We had filed for expedition request for L2 and EAD. Today, we received response on her EAD expedition and we gave supporting documents on the same.

If they agree with those documents, will it mean they will approve her L2 too, since we did not get response on her L2 expedition request.

Regards

4

I would say that it’s just luck. Nothing else.

If expedite request for EAD is approved, it still cannot be approved unless L2 extension is approved.

So, chances are high that they may just approve both at the same time.

5

Thank you Anil. This is helpful.

Do you know if my wife can travel outside US (to India) and wait till her L2 and EAD are approved and come back with stamped visa post approval?
Will travelling out of US while extension is pending affect her case?

Regards

6

She should NOT travel while L2 extension and EAD are pending.

If she travels, L2 extension may be denied or if approved, will be approved with consular processing.
Also, EAD application may receive RFE to provide valid L2 status which can only happen if she is in USA.

So, it’s better to avoid travel and do not introduce complications to your case.

7

Thank you Anil for all your help.

8

Hi Anil,
Would you know what documents / proofs one should provide for EAD extension expedition under ‘Severe financial loss’ category.

We have provided

  1. Termination letter
  2. Original offer letter
  3. Pay stubs

Do you think we are missing out on something?

Regards
Mudit

9

Another question.
My legal team received email last week regarding my L1 extension approval from USCIS and the online status was updated next day.
However, for our L2 and EAD extensions, the online status still shows ‘Case Received’.
I have read about several cases where online status are not updated in time.

Is it possible that the L2 and EAD extensions are approved and approval mails on their way to me, but just that the online status are not updated ?

10

Yes, it is possible but in these cases, the attorney would have received an email from USCIS notifying the approval.

So, chances are lower that they are approved. They should be under processing.

11

I have covered expedite request here:
https://www.truvisa.com/t/ead-expedite-request-with-uscis-no-premium-processing/368

12

EAD application status changed to ‘New card is being produced’ on Jan 3rd.
Do you know if and when the status will change to ‘Card mailed’? Once the card mailed, how much time it takes to receive?

Regards
Mudit

13

Congratulations!
It takes 3-7 days to mail the card.

14

Hello Mudit,
I am also in the same situation. My spouse L1 visa extension is approved however mine L2 approval is still showing case received . My EAD application timely and was adjudicated by USCIS before the decision of L2 Approval, and i received the new EAD card with the same expiration date as on previous EAD card.
Now i am thinking of applying for New EAD application. How did you raised an service request to expedite the L2 decision.

15

You can call USCIS to raise service request. However, in most cases, they reject that request. I got the L2 and EAD after some delay. They were delayed due to holiday backlog.

Good luck.

16

THanks a Lot for your comments.
I am confused as what should I fill in for I94 Number, the previouse I94 is already expired and new I94 is not received yet.
Any guidance on above.

17

You should fill what is the I94 you have today even if expired. As long as you filed for your visa renewal before expiration of your I94, you are good.