L2 EAD to H1B RP, received RFE and I-94 expiring in july

USA H1B Visa
1

Hi,
Case type : L2 EAD to H1B .
I-94 validaity : july-07.
Selected in lottery : VSC/ RP.
Receipt Date : apr-19.
RFE : jun-05.

AS I-94 expiring, wanna need to get the result before I leave the country. What is the posssibility of approval for the case, if along with RFE response upgrade to PP so that atleast I can get the decision before I leave the country?

Too much worried. Pls help. Thanks in advance.

2

How does knowing the result early help you if you plan to leave by I-94 expiration date? You still need to get the H-1 visa stamped before returning to US. I assume you plan not to return on L-1/2.

3

If the results are know, prior to expiry of the I-94. I can file for the B2 visa till oct-1st and would not be required to leave the country. Lawyer suggesting :

  1. If I don’t want to leave the country, then apply for the B2 visitor visa. Your comments on this is highly appreciated.
  2. Assuming that I received an approval on H1B what will be the date on my extended i-94. Will it be oct-1st or july-8th (h1b caase being COS)
4

There is a high chance that they will issue RFE asking for proof of continuing status until Oct 1 as current OPT expired in July. This RFE can be issued irrespective of whether the petition is RP or PP.

  1. If your intent is to stay in US until Oct 1, then you should have B-2 filed while waiting for the result so that you can get continuing I-94 and address possible RFE related to I-94 break.
  2. H-1 I-94 start date will be I-94 but USCIS will do that when there is a continuation of I-94. You need to have an I-94 b/w July and Oct.

Here is a question similar to yours: L1 Tenure coming to end , H1B for L1 & L2 visa holders in process - H1B Visa - RedBus2US Community

5

Many thanks Saurabh for your quick response.
However, I have received an RFE which is asking the recent paystubs of spouse and degree evaluation. I have all the details. My case is RQ/RP/VSC. However, the options suggested by employer :

  1. If I dnt want to go out of country, he is going to file B2 visa for me.
  2. Upgrading the case to PP.

Do you think, that I should upgrade for PP for my case?

6

Is the L-1 employer not filing L-1/2 extension?

You can go for PP but talk to employer/attorney on what will happen if they ask for I-94 continuity proof. B-2 is an option to stay until Oct but what purpose will you put in for this visa?

7

Many thanks again Saurabh for your quick response!

The l1 employer is not going to file extension. So hve choose to go fr b2 visa. As per attorney: he will mention the reason for time require to wrap the things… Which doesnt sound good to me. Can u suggest sme reason fr my case. I would be grateful to u.

One more thing: if i leave the country before i94 expiry. Also h1b cos pending. Will my case be abandoned?

8

Many thanks again Saurabh for your quick response! Really appreciate it!

The l1 employer is not going to file extension. So hve choose to go fr b2 visa. As per attorney: he will mention the reason for time require to wrap the things… Which doesnt sound good to me. Can u suggest sme reason fr my case. I would be grateful to u.

One more thing: if i leave the country before i94 expiry. Also h1b cos pending. Will my case be abandoned?

9

Asking 2-3 months of B-1/2 for this reason doesn’t seem right. Ask attorney if they have handled similar cases in the past.

If you leave in the scenario you mentioned, then your COS will be abandoned but H-1 petition will continue to be processed. You can return to US after getting H-1 visa stamped.

10

Many Thanks Saurabh!!!

However, the discussion I had with attorney doesn’t seem to be promising. However, I have one more query. … H1B Rfe response upgrading to PP and I94 expiring on July-7th and applying to B2 COS meanwhile… if suppose, I get a approval notice for H1b COS by july-10 whereas the B2 COS is still pending. If I decide to withdraw my B2 petition and leave the country on July-15… will I have issue while stamping as I stayed beyound i-94 expiry? or it would be fine as my B2 petition was in process…

Pls advise Saurabh as your comments are really helping me.

11

I have seen recent cases where stamping ran into issues b/c people stayed in B-1/2 for more than 3-4 months. The consulate officer then wants to deep dive to know what were you really doing in US at the time. So tread cautiously and be prepared for questions related to your extended stay.

Did you search online for other similar experiences?