Is it legal to stay in US with H1B application with RFE status?

[hemanthpdeep]

Hello,

 

I moved from L1B to H1B through COS effective 1st of October and because of that my wife's L2 visa (with EAD) has become void. Meanwhile my wife's H1B aplication is currently in RFE initial review status and awaiting USCIS to make decision.

 

Such that, can she stay in USA legally until USCIS makes decision? If not, do we have to file for her H4 visa right away? Kindly confirm.

 

Thanks & Regards,

Hemanth Kumar

 

[jairichi]

Hello,

 

I moved from L1B to H1B through COS effective 1st of October and because of that my wife's L2 visa (with EAD) has become void. Meanwhile my wife's H1B aplication is currently in RFE initial review status and awaiting USCIS to make decision.

 

Such that, can she stay in USA legally until USCIS makes decision? If not, do we have to file for her H4 visa right away? Kindly confirm.

 

Thanks & Regards,

Hemanth Kumar

She is in status as long as a decision is pending with USCIS on her H1B petition. But, she can not work.

[omshiv]

she can stay while its in RFE..but better to do COS to H4.