For the last year, I was on L2 status which expired on June 29th, 2020. I applied for the extension of L2 status (I-539) in May 2020 and currently, it is still pending (as of Sept 17th). My employer filed for my H1 in April and it got picked so it filed by June 26th, 2020. I got an RFE recently stating asking for the following:
"Evidence showing the beneficiary was an in valid nonimmigrant status at the time the instant petition was filed or requested start date of the instant petition, whichever is later."
According to this, my initial file date is June 26th and I had a valid status during that time but for the later part, Oct 1st, I won't have a valid status since my application is still pending. My attorney suggests that we wait for the I-539 application to get approved before filing for the RFE. My husband's L1 status expires on Oct1st, 2020.
I'm not sure what my options at this point are and would really appreciate some guidance in this matter.
Thanks a lot