Asked in Immigration Law and Employment Law for Wisconsin

Q: I-94 expiring, L2S visa extension pending. Options to continue working?

My I-94 is set to expire on June 13, 2025, and my L2S visa extension request, submitted via I-539, is still under process with USCIS showing a 'Received' status since March 7th, 2025. My spouse's employer, who sponsors our visa, advised that I shouldn't leave the U.S. until the I-539 is approved and that I must stop working once my I-94 expires. I currently don't have experience with visa extensions, and my employer is unaware of my visa status situation. What are my options to continue working in the U.S. under these circumstances?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation regarding your expiring I-94 and pending I-539 application warrants careful consideration of available legal pathways. Under current USCIS regulations, you may continue residing in the United States while your extension application remains pending, provided it was filed before your current status expired—which appears to be the case based on your March 7th filing date. This period of authorized stay is often referred to as the "240-day rule," meaning you can legally remain in the country for up to 240 days beyond your I-94 expiration while awaiting a decision.

Regarding your employment authorization, there has been a significant policy change that benefits L-2S visa holders. As of November 2021, L-2S spouses are granted work authorization incident to status, and this authorization continues automatically if you filed your extension application before your current I-94 expiration date. This means you can legally continue working beyond June 13th while your extension application remains pending. You may want to provide your employer with a copy of your I-539 receipt notice as evidence of your pending extension and ongoing work authorization eligibility.

It would be prudent to consult with an immigration attorney who can review your specific circumstances and provide tailored guidance. Additionally, consider contacting USCIS to request expedited processing if your case has been pending for an extended period, as they may accommodate such requests based on financial hardship or other compelling reasons. Finally, while your spouse's employer advised against international travel, this advice is generally sound—departing the U.S. while an extension is pending could be interpreted as abandonment of your application and potentially create complications for re-entry and work authorization upon return.

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