Can I file for H1 to L2 conversion while my H1 extn is under RFE?


immiqn

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Hi,

 

I am in my 8th year in US with 3 years completed in H1 and the rest in L1. I have my I-140 approved. My company filed for my H1 extn in Nov 2013. My I-94 expired in Dec 2013. On Dec 31st, USCIS changed my status to RFE. I don't know the details on this. My husband is working here on L1. I would like to know

 

1) if my husband's company can file for my L2 (and EAD) while my H1 RFE is pending?

 

2) Will it affect my L2 approval?

 

3) Also, will me being in US for 8 years affect my L2 approval?

 

Thanks,

Immiqn

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Hi,

 

I am in my 8th year in US with 3 years completed in H1 and the rest in L1. I have my I-140 approved. My company filed for my H1 extn in Nov 2013. My I-94 expired in Dec 2013. On Dec 31st, USCIS changed my status to RFE. I don't know the details on this. My husband is working here on L1. I would like to know

 

1) if my husband's company can file for my L2 (and EAD) while my H1 RFE is pending?

 

2) Will it affect my L2 approval?

 

3) Also, will me being in US for 8 years affect my L2 approval?

 

Thanks,

Immiqn

1. Yes, you can file L2 but outcome will be based on your pending H1B extension.

2. It will not.

3. No.

 

But, why are you in a hurry? Let employer's attorney respond to RFE and if needed upgrade to PP.

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Thanks Jairichi!

 

I want to quit my job irrespective of the H1 approval as we are moving to a new place. Hence planning to file L2 now. I did not understand what you meant by 'but the outcome will depend on your pending H1'.

 

Does it mean that if my H1 gets denied, my L2 will also be denied? Could you please clarify?

 

Thanks,

immiqn

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Thanks Jairichi!

 

I want to quit my job irrespective of the H1 approval as we are moving to a new place. Hence planning to file L2 now. I did not understand what you meant by 'but the outcome will depend on your pending H1'.

 

Does it mean that if my H1 gets denied, my L2 will also be denied? Could you please clarify?

 

Thanks,

immiqn

Since, your I94 has expired and you are in legal status in US just because of your H1B extension petition. If it is denied then your COS to L2 will be approved as consular processing. If H1B extension is approved then COS to L2 will be approved without any problem. More easy option for you would be to exit and enter US on L2 visa.

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