Legal Question in Immigration Law in United States

Hi,
My current L1 visa will expired on February 12th 2016 due to my passport expiring that day, but actual L1 visa will expire October 2016 once I provide an updated passport. In order to update I94' I would need to drive back to Canada then re-enter USA to update L1 or I94.
I also applied for my green card and Employment Authorization (EAD) back in early December and awaiting my EAD approval anytime now.
Do I still need to drive back to Canada to get I94 stamp before it expired or I can still work for my employer while awaiting my EAD approval but with an expired work visa?

Asked on 2/10/16, 4:41 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

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If you have applied for adjustment of status, then you should have also applied for advance parole. You don't need an updated I-94. If you need to leave the U.S., you will need your valid passport & advance parole document. Otherwise, your valid EAD is acceptable not only to work in the U.S., but also as proof of your (temporary) legal status. You do not need an L visa in your passport to travel, & your legal status is maintained by the validity dates on the approved I-129 petition, not necessarily the visa in the passport.

Make sure to re-new your EAD & advance parole if your AOS is not filed within 120 days of the expiration of either document.

Answered on 2/10/16, 4:57 pm

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