Skip to main content

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

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. 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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics