L2 (i539) and 485 in progress

[melus 19]

I'm not 100% sure if this is the right subforum to put this in, but I'm a little confused.

I came to the US on an L1-B. My wife is on an L2. She does not work. 

My initial i94 expired on 13th July 2020. I had a business trip to the UK in January so I used that as an opportunity to renew my L1 in London. This was renewed until November 2021. My wife did not fly with me on this trip so her i94 still expires 13th July 2020.

 

We have an in -process 485 application going on as well, but this was only submitted November 2019. I am not expecting the interview before this end of this year.

 

We are about to submit i539 to extend my wife's i94. But I'm confused as to what could go wrong. If this is not approved yet by July 13th, what happens? We both have EAD/AP cards due to the i485 applications so is she okay or not? Would it be better for her to fly back to London herself and get her L2 renewed? If there is any problem with that, can she return on her EAD/AP?

 

Any information would be appreciated

[designguy 1,179]

On what basis are you adjusting status?

[melus 19]

3 minutes ago, designguy said:

On what basis are you adjusting status?

eb3-skilled

[SusieQQQ 11,586]

2 hours ago, melus said:

I'm not 100% sure if this is the right subforum to put this in, but I'm a little confused.

I came to the US on an L1-B. My wife is on an L2. She does not work. 

My initial i94 expired on 13th July 2020. I had a business trip to the UK in January so I used that as an opportunity to renew my L1 in London. This was renewed until November 2021. My wife did not fly with me on this trip so her i94 still expires 13th July 2020.

 

We have an in -process 485 application going on as well, but this was only submitted November 2019. I am not expecting the interview before this end of this year.

 

We are about to submit i539 to extend my wife's i94. But I'm confused as to what could go wrong. If this is not approved yet by July 13th, what happens? We both have EAD/AP cards due to the i485 applications so is she okay or not? Would it be better for her to fly back to London herself and get her L2 renewed? If there is any problem with that, can she return on her EAD/AP?

 

Any information would be appreciated

She can use EAD/AP but be aware that if she does, and if for some reason the i485 is denied, she will have no status to call back on and will have to leave. This is why the safer route is to try maintain L2.  If the extension (i539] is not approved by July 13, she is in ‘change of status pending’, a similar position to ‘adjustment pending’ in the sense that she technically no longer has status, but is not accruing unlawful presence, until a decision so made. The difference is that with adjustment pending, she can work on the EAD, and can leave and return using AP (if you just have change of status pending and leave, the COS is abandoned).  So here’s the thing: if she is already has an i485 pending, I’m not sure that they will actually entertain a CoS at the same time. L is dual intent, so they might, but not sure.

So all that said, i think the best option is going to London and renewing the L.

[melus 19]

10 hours ago, SusieQQQ said:

She can use EAD/AP but be aware that if she does, and if for some reason the i485 is denied, she will have no status to call back on and will have to leave. This is why the safer route is to try maintain L2.  If the extension (i539] is not approved by July 13, she is in ‘change of status pending’, a similar position to ‘adjustment pending’ in the sense that she technically no longer has status, but is not accruing unlawful presence, until a decision so made. The difference is that with adjustment pending, she can work on the EAD, and can leave and return using AP (if you just have change of status pending and leave, the COS is abandoned).  So here’s the thing: if she is already has an i485 pending, I’m not sure that they will actually entertain a CoS at the same time. L is dual intent, so they might, but not sure.

So all that said, i think the best option is going to London and renewing the L.

Thanks Susie. I'm going to confirm 100% again through my work provided attorneys, and if all agreed I'll get my wife to fly abroad to get this done. Unfortunately she hates flying so we wanted to at least try get it done internally