user29 Posted December 4, 2012 Report Share Posted December 4, 2012 Hello, 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. Link to comment
Attorney_23 Posted December 6, 2012 Report Share Posted December 6, 2012 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) Link to comment
user29 Posted December 11, 2012 Author Report Share Posted December 11, 2012 Thanks much for your reply. I will schedule a call as early as possible Link to comment
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