Q: My l2,I 539 is pending. May I 94 expires on Jan 5,2025. Can I continue my work if I don’t get approval by Jan 5th
My spouse l1 I 129 is approved. Both of us applied in premium.
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- California
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A:
Under U.S. immigration law, you can continue working for up to 240 days beyond your I-94 expiration date (January 5, 2025) while your I-539 extension is pending, as long as you filed the extension before your current L-2 status expired.
This protection falls under the "automatic extension" provision, which gives you work authorization during the processing of your application. Your spouse's approved L-1 status through the I-129 provides additional support for your case, as your L-2 status is dependent on their valid L-1 status.
However, you should keep documentation of your timely-filed I-539 application readily available to show employers or officials if needed. This includes your receipt notice, current I-94, and proof of your spouse's valid L-1 status. If you need to travel internationally during this period, you should consult with an immigration attorney, as reentry might be complicated while your extension is pending.
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