L1 to H1 COS denied. L2 I-94 extension

[vishalagrawal1]

Hi,

My L1 to H1 COS got a RFE which my new employer is not ready to answer. I applied for my wife L2 to H4 as well which is in initial review state (i have the recipt number, but I expect that this will be denied as well sooner or later). Now, my wife's L2 I-94 is expiring in 2 weeks time (our L1/L2 visa also expire the same time). I need to apply for her L2 I-94 extension based on my L1 I-94 (valid till Dec 2014). My L1 employer is asking for documents like Petitio Number etc.

Here are my questions:

1. Can I apply for her L2 I-94 extension now while her H4 COS rejection has not come yet?

2. Do I need to send the new recipt number (h4 cos) to my employer or my L1 petition EAC number?

3. Does her L2 I-94 extension has anything to do with H4 now considering I am not answering the RFE?

4. Do I have to go to my employer only or I can apply for L2 extension with the help of an attorney without letting my current employer know? Would it create any issues?

Thanks for your help!!

[pontevecchio]

1. Yes

2. You do not have to mention the H1/H4

3. No

4. Since he already knows that your spouses L2 i94 is expiring why?

[Attorney_23]

Ordinarily, a foreign national may file an L2 extension without the employer being involved. If an H1B RFE is not responded to, both the H1B and any corresponding H4 applications should be denied. That being said, it may not be a bad idea to send a letter to USCIS to withdraw the H4.

[vishalagrawal1]

Thank you both for answering my questions. My employer seems to be slow I am trying hard to follow up with them to what documents I need to submit and all. I was thinking may be I would end up spending some moeny but I would still be able to track and file it better with the help of attorney.