L1B RFE

Asked over 1 year ago - Minneapolis, MN

My L1B is expiring on sep 20th 2013. I filed my extension and it has landed in RFE. While my company will prepare the rfe response and file what if i get my rejection notice before sep 20th 2013. My wife is on H1 can i immediately file H4 with COS. Do you need valid I94 to apply for COS or in case the rfe response approval exceeds sep 20th 2013 then i believe i should leave immd. So pls suggest if i should wait for L1B extension to apply for H4 or not

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . To change a nonimmigrant status you must be in a valid nonimmigrant status on the day you file for the change.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . My wife is on H1 can i immediately file H4 with COS.
    You can try. It will be up to USCIS whether to grant it.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. F. J. Capriotti III

    Contributor Level 20

    Answered . Although you can clearly leave the US and apply for an H-4 ... filing a COS after a L extension denial probably won't be approved ... due to you not having valid L status on the day of your application.

    But, I could be wrong ... if you filed fast (withing the 'hidden' 10 day grace period of an L ending it might work ... quite a bit would depend on why the extension was denied and the exact language of the denial.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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