L1-B to H1-B Change of Status (COS) - RFE

[vkc_25]

Hi - I'm currently on L1-B working for Company A, with both visa and I-94 set to expire mid Nov-2012 (my wife is on L2; with expiry again set for mid Nov-2012).

Below is my current situation

1. Company A had filed for H1 COS in Apr 2012 and receive an RFE end of Aug 2012. However, my 5 year tenure on L1 expires end of Oct 2012, but my HR team says that I can stay beyond Oct. Infact they say I can stay even beyond mid Nov-2012, when my I-94 expires (incase of delayed response)

Q: According to USCIS, I can stay beyond I-94 expiry, as a case is pending but cannot continue to work. Is this the case? If so, what are my options?

2. Company A didnt' file I-539 for my wife. When asked, they said she is dependent on my status and can continue to stay. And they would file for H4, after my H1 is approved.

Q: Is the above case valid? Would she not be out of status, beyond I-94 expiry, as no case is pending? Any risks?

3. Company B (new), had filed for H1 COS; again went for RFE end of Sep 2012. My wife's I-539 still status initial review (assume that it will be held so, until H1 decision has been been made).

Q. Would it make sense to change it to premium status, as a response before mid-Nov 2012 under general processing would not be possible?

Regards,

Vivek