RFE to Premium H1B and L2 EAD extension

Hi Saurabh,

Today my H1B status change to RFE from Initial Review. I checked with consultancy and they are saying once we reply it will change to premium.

Since I have already took L2 visa extn stampign date I am not sure will USCIS will reply before that.

  1. How much time it will take once we reply to RFE.

  2. I have also submiited L2EAD extension I-765 form, since My EAD will get expire in November’13. Will this create any issue for H1B visa.

Kindly reply.

  1. Typical processing time is 60 days but it can vary as there is no SLA

  2. It may. Last Action Rule will determine what your eventual status is depending upon which petition gets approved later.

One suggestion - you are asking lots of questions (which is ok). However, can we keep all of them in one single post (follow-up additional questions as comments) so that I remember the case history.


Sure. I will keep followup questions in comments.
Thanks Saurabh for all the answers.

Hi Saurabh,

fyi, to give overview
As I mentioned I am currently working on L2-EAD with employer A and my project is until Dec’13. In the mean time I am planning to go to India for 2 weeks in Decemebr. We have L1/L2 visa stamping appointement in October last week. (Our visa is valid until November’13).

My H1-B visa is filed by employer B and which is now in RFE. Employer B is asking me to relocate for the job

My concerns are,
We are planning to go for L1/L2 extension visa stamping from Canada.
Employer B is saying that they will file premium once reply to RFE and
there are chances H1B will get approve before Oct end.
If it is aproved before Oct end then my L2 status will change to H1 and I will be unable to work for current project.
H-1B employer is a consultancy and they are saying that they will file
amendment if I want to go to India on H1b but again it will take 2-3 months. I have to go to India in Dec due to personal reason.
Is it leagal that I will work until October end though H1B is approved . Since I am going for L2 stamping on Oct end.
2. Once L2 is approved then I can work until Dec’13 and also I can go to India for vacation and come back on L2 and then will ask to employer B to file COS from L2 to H1 (They are not having project in my current location so I am sure it will take time.)

Please let me know your suggestions/alternatives.
I am really confused.I really appreciate for your time and reply.