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L1B RFE - H1B Approved, Dependents are still in L2 extension pending.

San Antonio, TX |

My L1B extension from Employer A got RFE, have to replay by November 22. Employer A also applied for L2 extension for dependents , status for dependnets still shows inprogress.

Mean while H1B from employer B has been approved. while applying for H1 Employer B did not apply for COS for dependents.
Employer B is planning to apply L2 to H2 COS for dependents now.
I am joinging H1 employee on November 1st
Will this be a issue I am on H1 and dependents are still on L2.
How soon should I apply for L2 to H4 cos for dependents.

Employer B applied for H1B much before my L1B Expiried, Employer A also applied for L1B and L2 extension before Expiry of L1B and L2. I Got RFE on L1B extension and H1B is got approved but dependents L2 extension status is still showing inprogress.. Questions: 1) Can I move to H1B now or should I reply to L1B RFE and wait for the response? (as per Attorney Glazer, It is very risky to jump from petition to petition while they are pending ). 2)if I reply to L1B RFE and wait for the response what will happend to my H1B, 3)what about dependents status , how soon should I convert them to H4. 4) if I move to H1B , do you think still it will be a problem in future (when I go for stamping or applying for EB Green card), since I moved while L1B petetion in is pending status. 5) Now applying for L2 to H4 COS for dependents, will there a problem? 6) Are my depenents are in status now ? since my status already changed to H1B. How soon should I apply for COS.

Attorney Answers 3


  1. Discuss the matter with the employers' attorneys who filed the various petitions/applications. It is very risky to jump from petition to petition while they are pending because even if the ultimate non-immigrant status is obtained you could still have problem with accumulation of unauthorized status/employment if you get to the EB green card process in the future.

    Answers to questions are for general purposes only and do not establish an attorney-client relationship.


  2. Your dependents should file for change f staus from L-2 to H-4 and indicate an effective date of November 1 when you intend to join the H1 employer.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  3. I agree with Ms. Glazer ... jumping around can cause future problems.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship.

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