L1A Ext is pending with RFE & Applying for H4


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Currently I am on L1B and my husband is on H1B. My I94 is going to expire on13-Jan-2013. My employer has filed COS from L1B to L1A (I94 extension) and I got a RFE.

I am trying to find the posibilities to extend my stay in USA.

1) Can I respond to RFE and wait for USCIS's decision and then apply for H4 if my L1A gets rejected? Am I eligble to apply for H4 after my I94 has expired?

2) Can I respond to RFE and at the same time apply for H4? if my L1A is approved then can I withdraw my H4 petition? Considering I get L1A decision before H4 decision.

3) About my work status - If I apply for H4 while waiting for L1A decision, can I continue working till I get response for either H4 or L1A?

Please advise me to take right decision.

-Thank you.

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In general, a petition to change status must be filed while you are in valid status (i.e. before your I-94 expires.) However, filing a change of status to H4 while your L1 RFE is still pending may be risky. I suggest you schedule a consult with an attorney who can review your situation in more detail and advise you accordingly. If you would like to schedule a consult with an attorney at the Murthy Law Firm, please call us at 410.356.5440 between 8:30 A.M.- 5:00 P.M. (Eastern Time)

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