L1A/L2 Extension when L2 EAD is in process

Hi all,

L1A/L2 Valid - 08/2018
L2 EAD valid - 05/2018

I have applied for L2 EAD extension with current visa/i-94 data and my case status is “case is received” since Feb, 2018

My Spouse employer is going to start L1A/L2 extension in premium process now (expecting start date 3/20) and they will not do my L2 EAD extension.


  1. Is it possible to add L1A extension receipt no/Approval status to my already started L2 EAD case?

  2. We came to know from my spouse employer, USCIS 15 days time is only for L1 and they will respond on L2 only if time permits. Can i still extend my L2 EAD with my spouse approved status?

  3. If extension rejected, does it effect my L2 EAD extension till 08/2018? or Can i get L2 EAD till 08/2018?

Appreciate you help…

Hi @jyothi_p

Add L2 Extension receipt number to existing L2 EAD application?

As far as I know, there is no way to add the extension receipt number to already filed EAD application. You will have to file a new application if you want to do so.

Premium processing for L2 and L2 EAD?

There is no premium processing available for L2 and L2 EAD application. The premium processing fees is only for L1 Application.
But, generally in real world, USCIS does process them all in same premium timeline, if filed concurrently in same application package.
There is no obligation on USCIS though to process them all, but they generally do.

Can we file L2 EAD application even when L2 extension is still pending?

You can still file for L2 EAD renewal with pending L2 extension (but approved L1 extension), but the EAD application won’t be approved until your L2 extension has been approved.

In this case, your L2 EAD application would just sit in USCIS office waiting for a decision on L2 extension (if it is still pending).

L1 extension rejected, What happens to existing L2 EAD application

Your existing L2 EAD renewal or extension for period still available on previous L1/L2 is still valid and will be decided on the basis of previous L1/L2 timelines.

The two applications are completely different and USCIS would NOT cancel your existing L2 EAD application just because L1 extension was rejected.

Let me know if you need more information.

Thanks for the response Anil…

  1. As current EAD processing time is very slow, Is there any chance USCIS consider my latest I-94 (extended visa), if my visa got extended by the time they start to work on my case(existing l2 ead case)?

  2. Is it OK to file L2 EAD extension again(second one) when my current one is in “Case is received/In process” status once i get a confirmation on my L2 extension from premium process?

  1. No, there is no automatic update unless you filed all your applications together.
    You will have to file new L2 EAD based on your approved L2 extension again.

  2. Yes, you can file another L2 EAD application based on your most recent approved L2 Extension.

Thanks for Response Anil…
What will be the possibility of extending for 3 months? In some online form, i read they may reject sometimes as my current visa have only 3 months validation

As far as I know, there is no such rule that enables them to cancel your application just because you have 3 months left for validity.

If you know of any, help me with the link and I would like to know about it.

People just speculate a lot on forums without knowing much.

You should be okay. Don’t worry too much. The result is anyway not in your hand. If your paperwork is fine, you should get it.


I am applying L2 EAD extension with My L2 Receipt no. What should i fill in Q.14 i-94 information?

Jyothi S

If you are sending the L2 Extension and EAD application in the same package, write the existing i94 number.

No, My Spouse employer will not file L2 EAD extension. L1/L2 is already filed in premium process.

Then, I would suggest to wait for the L2 Extension result and its approval notice.

You will need the proof of valid L1 and L2 extension to get your L2 EAD approved.

Note that USCIS does not start working on your EAD application unless your primary L1/L2 application have reached a result status.

If you file now just with the Extension receipt numbers and applications pending, which you can, the chances are high that you might receive RFE on your L2 EAD application (asking for approval notices) later.
Sometimes, USCIS is able to fetch the approval details themselves by checking the receipt number mentioned in your application, but you can never rely on them!

My Spouse L1 got a RFE this morning. Employer responding to RFE and USCIS reworking on it will easily take another 15-30 days. Considering current L2 EAD timelines i felt applying L2 EAD extension at earliest is better option. Plz suggest.

With my current situation, a job termination will effect my upcoming maternity leave & benefits as well :frowning:

Hi @jyothi_p

I understand your concern but that’s how USCIS works.
You can apply for L2 EAD now if you wish but I would still recommend waiting for the final approval.

Your L2 EAD application is anyway not going to be worked on until the primary L1/L2 gets approved.
There is no way that L2 EAD can be approved before L1/L2 extension result.

It is entirely your choice.

The RFE later is just a probability. USCIS may or may not issue it based on if they can relate your EAD application with the approved L1/L2.

But, if you apply EAD with an approved L1/L2 extension notice, the chances of RFE on EAD application are almost zero.

Thanks for your suggestions… I feel its better to wait.

1 Like

Hello @Anil_Gupta,

I have query on submitting supporting documents. I have applied for L2 EAD extension with L2 Receipt No in 05/18/2018. Now i have my L2 Extension approved notice in hand.
My current EAD will end by 08/06/2018.

  1. Is there any way to submit the L2 approval notice to USCIS before they acknowledge my case & give an RFE?

  2. I am working with my local congressman office to expedite my EAD under “Finical Loss to me & company”. If i submit my i-797 to congressman with expedite supporting documents. Does it have any chance to get approval without RFC?

Plz advise…

Jyothi S

Hi @jyothi_p

1. Send L1 approval notice to USCIS to attach with pending L2 EAD application

I am not aware of the process to send more documents to be attached to existing application unless USCIS sends an RFE.
I will check to see if it exists and reply soon.

In most cases USCIS is able to connect the approved L1 application using the receipt number you had sent earlier.

2. Local Congress man help for EAD expedite request

Taking Congress man help is the best way to get your EAD expedite request to USCIS.

The chances are very high that USCIS will approve your request quickly with Congress member’s intervention.

But, remember that it’s not guaranteed and if USCIS need more documentation from you, they will issue RFE irrespective of Congress man’s request.

Hello Anil,

I have reached to congressman office and they initiated a expedite request on my behalf 3 days back and there is no response from USCIS yet.

Reasons provided for expedite:

  1. Financial loss to company or person (Employee letter stating the same)
  2. Pregnancy: Job Termination will effect Medical/Maternity benefits (Medical provider letter stating pregnancy status)

My current EAD is going to expire on 08/06/2018. And also booked my infopass appointment for 08/10/2018.

Can Infopass appointment help with expediting the case?

Is it worth to go for infopass appointment to fast track my case? and also to submit my updated i-94?

Does Infopass raise any issue if my employment was terminated?

Does infopass team raises any questions as my ead ended on 08/06 like if I continue to work? I was terminated anyway which can effect by EAD or already initiated expedite request?

I was really in crunch time, as my client & employee gave only 1 week for rejoin due to deliverable.

Appreciate your help…

Jyothi S

Hi @jyothi_p

1. Infopass cannot expedite your EAD

Infopass appointment will probably not make any difference to your case.
If you have already taken an appointment, you can go and talk about your case but I do not think that they can really do anything from their end.

The expedite request that you sent via Congress man is what can make a difference and USCIS may accept it.
It depends on your luck.

2. You cannot work after your EAD expiry

EAD ended on 8 June or will end on Aug 6?
8/6 means Aug 6, right?
You CANNOT work if your EAD renewal does not come when your current EAD expires.
Don’t take that risk of working even a single day beyond EAD validity.

Well, if USCIS does contact your employer to validate your expedite claim, they might just reject the request as you are not working for them anyway. Is that my correct understanding?

Normally, USCIS does not contact but you can never guess what they will do.

Hello Anil,
Thanks for the response.

My EAD ends in Aug, 06th. I will be out of payroll from 08/07 and i am not going to work after ead expiry.

My questions:

  1. If i go for infopass appointment, will they question me that "Your ead is expired and employment is terminated already, then what is use of expediting the case now?

  2. Congressman already submitted my update i-94 to USCIS along with expedite supporting documents. Is it enough to avoid RFE for i-94 or shall i go to infopass and submit updated i-94 does it really works?

Thank you

  1. Infopass is for asking your questions. They will probably not ask any counter questions from you.

  2. I don’t think info-pass accepts any documents. Documents, if any, need to be submitted directly to USCIS as and when they ask for it.

Thank you Anil…
Appreciate your help.