L2 extension for spouse delayed

[gary_111]

Hello,

I'm on L1-B working in the US. My I-94 was extended in Sep'12 and is now valid till Oct'13. My wife and son's original I-94 expires Feb'2013. I've applied for their L2 extension upto Oct'13 by submitting the I-539 form online on the USCIS website with my wife as the primary applicant (since my I-94 is already valid, I have not applied for extension again with this I-539). The I-539 form instructions mentioned to send the below supporting documentation to Dallas since my wife was applying L2 extension as the primary applicant. However, after online submission, the confirmation receipt clearly mentioned to send supporting docs to the Vermont service center, and I sent the below docs to vermont center:

1. A copy of the I-129 that my company had sent to USCIS during my extension. This copy does not have the USCIS approval stamp (it was the copy sent by my co. to USCIS, and not the one where USCIS has returned as approved). My company confirmed I can send this copy and that the copy of USCIS approval is not necessary. I'm thinking my I-94 number provided in my wife's I-539 application is sufficient for USCIS to confirm that my I-129 was approved?

2. Copies of current I-94 of wife and son.

3 Copy of Marriage certificate showing her relationship as my spouse.

4. Child's birth certificate

Strangely, the I-539 form instructions does not ask for their passport copies or my salary slips. As a result, I did not send these documents. Also, the I-539 does not required their passport numbers.

So far we have received the I-797C Notice of Action from USCIS indicating they have received our application. However it is now 5 weeks and the application is still under 'Initial Review'. I saw that two of my friends who also had approved I-94s like mine filed for their spouse's L2 extensions and got the approval within 2 weeks.

Is the 5 week 'Initial Review' status unusual in my wife's case since I already have an approved I-94? I feel I have sent all docs as per the I-539 form instructions. Have I missed anything? My wife will have completed 3 yrs. on L2 here in the US (she is not working), is that the reason why USCIS could reject because she has completed 3 yrs? Is there anyway to call and talk personally to USCIS officer regarding the application (not their automated phone service)

Also, how do I prepare for a re-appeal incase for some weird reason USICS conviniently decides to reject 1 week before her actual I-94 expiry (which is in Feb'13). Your feedback would be helpful, since there seems to be an unusual delay.

[gary_111]

hello, kindly provide ur inputs, it would be greatly appreciated.