L1A & H4 + EAD: Concurrent processing

Hi Folks,

I had applied for H4 extension and EAD piggy backing on my husband’s H1 extension that his employer had applied thru premium processing(he also has an approved I-140). Unfortunately his H1B extension got into an RFE and is taking a while for them to draft the RFE response. Meanwhile, my Employer is filing my L1A individual visa in premium parallely.

My query is if parallely both get approved, do I get to chose which visa I would like to retain, or it goes by USCIS’ Last Action Notice?


No, it will go by Last Action Notice, if you file for COS. You should carefully time it by working with attorney or withdraw one of the to avoid confusion, once you have a decision on the one you prefer.