Hello! So here is my situation: I am currently on an L1 visa and was granted for H1B and it will become effective in Oct. My same-sex partner entered US with me in Jan on a B-2 cohabiting visa and was granted an initial stay of 6 months. We filed for extension early June and haven't heard back from USCIS until yesterday requesting for evidence of his overseas employment status and purpose of stay even though we submitted those documents when we filed the extension. Now we got married in early July since the removal of DOMA. So my question is do we provide those docs and hoping we can get a B2 extension or do we file a change of status now to get an L2? My L1 becomes invalid in Oct since I will be getting a H1 instead. Would that complicate things? And BTW, his original B2 I94 has expired.
Is only recourse at this point is to respond to the RFE and I hope his extension gets approved. Then, on October 1, have him file for a COS to H-4 Based on his marriage to you and your H-1B status which will start October 1.
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Talk to the employer's immigration attorney. If they want you, they should be able to inform you.
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Meet with the company's immigration attorney.
The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.
What does his attorney of record respond to this present list of various issues?
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