Regarding the H4 to H1 when L1 - B is in RFE

Asked over 1 year ago - Owings Mills, MD

for my wife , L1 - Individual RFE is currently going on with her employer . If she puts a resignation , how many days her employer will take to revoke RFE ? RFE is filed in premium . Can she file for H4 while her L1 - B RFE is going on ? will that has any impact ? And , if she applies for H4 to H1 in future , will these RFE or previous L1 - B and H1 rejections as any impact to future H1 ?

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . If she resigns, her L-1 expires at the end of her last day of employment. An H-4 can be filed if 1) the spouse is maintaining valid H-1B status, and the L-1 is still in L-1 status.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Christian Schmidt

    Contributor Level 19

    1

    Lawyer agrees

    Answered . She must still be in status to change to another status. A pending petition does not provide status.

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