Published on Lawyers.com and the Epoch Times on May 11, 2018

Q & A.

Is There Any Impact on L-2 EAD Renewal Approval If My L-2 Visa Extension Is Pending?

I am in USA on L2 visa. My husband got L1 visa extension from India. My valid EAD, visa and I-94 already expired on 03-March 2018. I have applied for EAD renewal and L2 visa extension on 07-Feb-2017. I was working on EAD till 03-March-2018. I would like to know is there any impact of pending L2 visa extension on my EAD renewal approval? Is USCIS approve EAD renewal only if my L2 visa will get extended? Or I can get my renewed EAD before my visa get extended? My employer is ready to wait till 08-May-2018 that is 90 days from my EAD application to save my job. Thanks, Answer would be highly appreciated.

Mr. Lee answers:

The EAD is only an ancillary benefit of your L-2 status. If your L-2 status is not extended, your EAD will not be also. You will not get your EAD renewed before your visa status is extended. Such a situation would be like the tail wagging the dog.

Partner Moving to U.S. to Study PhD and I Would Like to Go With and Work

My fiancé of 5 years (co-habiting) has been accepted to do a PhD in Washington DC. She will receive a stipend of $24,000 per year. The PhD is for 4 Years.The University has explained her visa. The US embassy have said that I am able to go with her if I apply for a B2 visa, however I would not be able to work on this type of visa. I will have to apply for a non immigrant temporary visa. I have a UK degree in Sport but I know work in sales (GPA - 2.0). I am struggling to find a company to sponsor my visa. Do I have any other options?

Mr. Lee answers:

Two situations that come to mind may be working with a UK company under an E treaty trader or treaty investor visa or finding a professional position relating to sport under H-1B. Because H-1B visas are capped in number generally, most would not be available to be applied for until April of next year for work to begin in October if selected under the H-1B lottery. Work at an institution of higher education like college or university would exempt a petitioning organization from the H-1B cap, and the petition could be applied for at any time. Other than those, you may wish to consult an immigration lawyer for other options.

B-2 Visa But Pregnant

At airport officer asked me repeatedly about pregnancy I said not sure and I denied later came to know 5 1/2month pregnant now filed extension on previous reasons like spending holidays have to give exam along with mentioning about my pregnancy I 94 going to expire on 11 April filed extension 14 days before expiry what are the chances of getting approval or its better to leave before I 94 expires as I am now 6 1/2 month pregnant.

Mr. Lee answers:

I believe that your chances of obtaining an extension of your B-2 status are likely okay. You were admitted by the CBP officer instead of being turned away and so unless the officer marked your passport with remarks like no change of status ("no C/S") or no extension of status ("No EOS"), you would most likely be treated as a fresh adjudication by a U.S.C.I.S. officer.

Copyright © 2003-2018 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.