RFE on L2

[athabhi]

My huband's L1B Visa expired in the month of May, 2015 but he has a valid I94 till end of 2017.

I came to USA in the month of March, 2015 and got an I94 till May, 2015.

I filed an I-539 to extend my status based on my husband's I-94. But I got an RFE that states that I need to submit his valid I129S/I797. The petition is expired.

 

I want to know the options available to us:

 

1) If we file an extension for my husband's L1B Visa, does that automatically apply to me as well? Would that mean that I do not have to go out of USA even if I get a rejection on my RFE response?

2) is it possible to withdraw I-539 if my husband's L1B extension has been started.

 

Please provide a response asap, thanks a lot.

[jairichi]

A valid I94 when the petition has expired is of no use. He needs to talk to his attorney now.

1. You need to apply for L2 extension along with your spouse or separately.

2. Yes. But, once L1B extension is filed for your spouse send a copy of that receipt notice to USCIS for your L2 extension petition.

[pontevecchio]

If this is a blanket L1 then please talk to a Lawyer. In that case your original I94 should be till 2017. Even the company Lawyer may be of help.