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H1B filed while L2 COS pending_ RFE

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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



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When was your I-539 filed?  It takes time for I-539 to get approved as it does not have premium processing.  When is the last date for response to your RFE?   I-539 receipt notice + Husband's L1 status document and husband's latest paystub should be able to help you in case I-539 is still processing.


Lets see what other experts advise.

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My I-539 notice date is on May 29th. My husband's L1 got approved on Sept 1st and my case is still pending. My attorney says that the only option I have requests for a consular approval since the chances of getting an approval for my I-539 is very slim. In the current situation, I'm afraid that consular approval would delay the process indefinitely since there is no timeline for the consulates to reopen.

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