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Thread: Got RFE for L2 EAD Extention:( ..Please help me out

  1. #1

    Got RFE for L2 EAD Extention:( ..Please help me out

    I and my wife Visa Expiry - 30th July 2013
    Valid I-94 - till July 2015 .We both filed H1B visa this year and initial status showing "Initial Review"
    Wife is working on L2 EAD and got RFE while applying L2 EAD Extention.
    RFE stated
    1) Please indicate last time Principal applicant worked or will work as an L1 Employee with evidence
    2) USCIS System showed that Form I-29 ,Petition for a Nonimmigrant worked ,filed in behalf of L1 Principal and is currently pending .

    Please provide inputs on the below

    For #1 - What do we mention the time while replying RFE ? Actually was on L1 Visa from Feb 2011 to July 2012 and then went back to India
    for 3 week as L1 Assigment was over( Wife was still in US ) and then again came to US after 3 week with different assignment
    1) SHould I put the time from Feb 2011 to July 2012 or from Aug 2012 to till Date

    2) Does USCIS came to know that I was out of L1 and how come my wife was staying in US for 3 week?


    For #2 - What should we reply

  2. #2
    I think as of now all USCIS is asking is "Show us the proof that principal (i.e. YOU vikat) has a valid L1 employment right now or in (immediate) future.". Because that is the basis for spouse's EAD extension. USCIS is also saying that they do have an I-29 filed by your employer for you. So it seems a very straightforward thing to me.

    IMO - just go ahead talk to your HR and submit whatever proof your HR department provides you. Perhaps some sort of Employment Verification letter from your employer (NOT client).

    If your company has a lawyer - send the response through him/her.

    As per your wife's status - technically she has probably accrued "unlawful status" during those 3 weeks. But given that you came back in 3 weeks - my guess is USCIS will ignore it. At least as of now they are not asking anything about it based on what you have written here!

    Hope it helps.
    Quote Originally Posted by vikat14feb View Post
    I and my wife Visa Expiry - 30th July 2013
    Valid I-94 - till July 2015 .We both filed H1B visa this year and initial status showing "Initial Review"
    Wife is working on L2 EAD and got RFE while applying L2 EAD Extention.
    RFE stated
    1) Please indicate last time Principal applicant worked or will work as an L1 Employee with evidence
    2) USCIS System showed that Form I-29 ,Petition for a Nonimmigrant worked ,filed in behalf of L1 Principal and is currently pending .

    Please provide inputs on the below

    For #1 - What do we mention the time while replying RFE ? Actually was on L1 Visa from Feb 2011 to July 2012 and then went back to India
    for 3 week as L1 Assigment was over( Wife was still in US ) and then again came to US after 3 week with different assignment
    1) SHould I put the time from Feb 2011 to July 2012 or from Aug 2012 to till Date

    2) Does USCIS came to know that I was out of L1 and how come my wife was staying in US for 3 week?


    For #2 - What should we reply
    I no longer provide calculations/predictions ever since whereismyGC.com was created.
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    Use the info at your risk. None of this is legal advice.

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