L1 expired - I94 valid - L2 applied for H1

[tarares]

Hi guys,
I am in a complicated situation here. I would be really grateful, if anybody can answer my query. Below is my situation:

L1-B expired in Aug-1-2014.
I-94 valid till Dec-24-2015.
I am currently in US, working for the same company based on I-94 validity.

My wife(on L2) works for a consultancy that has filed her H1-B - COS this year and was picked up in the lottery. Now she has got an RFE on her application. USCIS has asked for documents to prove that her husband(i.e. me) has maintained his L1 Status through his company from August 1, 2014 to October 1, 2015.

So her consultancy requested pay stubs from my company for that period or a letter from my company that I will be employed with them during this period. We can provide the latest pay stubs but cannot provide pay stub for a future date. Also my company said that they cannot provide a letter verifying my employment for a future date. They also said that the following documents is sufficient to prove my legal status:

1. Offer letter from my company.
2. Onsite deputation letter from my company.
3. My I-94.

My questions are:

1. Are these documents sufficient? Is there any other way to prove my legal status?
2. What happens if the USCIS finds the response not satisfactory - will it reject the H1 or approve it as a H1 - Consular process?

Any help in this regard would be great.

[raghvi]

Hi guys,
I am in a complicated situation here. I would be really grateful, if anybody can answer my query. Below is my situation:

L1-B expired in Aug-1-2014.
I-94 valid till Dec-24-2015.
I am currently in US, working for the same company based on I-94 validity.

My wife(on L2) works for a consultancy that has filed her H1-B - COS this year and was picked up in the lottery. Now she has got an RFE on her application. USCIS has asked for documents to prove that her husband(i.e. me) has maintained his L1 Status through his company from August 1, 2014 to October 1, 2015.

So her consultancy requested pay stubs from my company for that period or a letter from my company that I will be employed with them during this period. We can provide the latest pay stubs but cannot provide pay stub for a future date. Also my company said that they cannot provide a letter verifying my employment for a future date. They also said that the following documents is sufficient to prove my legal status:

1. Offer letter from my company.
2. Onsite deputation letter from my company.
3. My I-94.

My questions are:

1. Are these documents sufficient? Is there any other way to prove my legal status?
2. What happens if the USCIS finds the response not satisfactory - will it reject the H1 or approve it as a H1 - Consular process?

Any help in this regard would be great.

When is the L2 I-94 valid to?

As long as your 5 Year limit of L1B has not exhausted, a valid I-94 and latest paystubs should be enough to prove your legal L1 status.


If USCIS does not find the response satisfactory but does find satisfactory evidences of a valid H1 justification it may approve H1 as consular process.

This is my opinion not legal advice.

[tarares]

When is the L2 I-94 valid to?

As long as your 5 Year limit of L1B has not exhausted, a valid I-94 and latest paystubs should be enough to prove your legal L1 status.


If USCIS does not find the response satisfactory but does find satisfactory evidences of a valid H1 justification it may approve H1 as consular process.

This is my opinion not legal advice.

Hi Raghvi,
Thanks a lot for your response.

The L2 I-94 is valid till 02/16/2016. And I have not exhausted my 5 years limit of L1-B.

My wife told her employer the same thing that you said that - "A valid I-94 and latest paystubs should be enough to prove my legal L1 status."

But they are looking for my paystubs till 09/30/2015. I can provide that only by 10/09/2015. My wife's employer said that it is ok if she provides the paystub by 10/09/2015.

On the USCIS website, it says, Request for Additional Evidence Was Mailed On July 16, 2015. and my wife's employer says that the last day to respond to the RFE is 10/15/2015. That is 91 days from July 16, 2015.

My question is - Is my wife's employer telling the correct last date to respond to RFE. Is it not 84 days or 12 weeks something. I am really confused and scared that they should not do a mess-up with the dates. Any response is highly appreciated.

[raghvi]

Hi Raghvi,
Thanks a lot for your response.

The L2 I-94 is valid till 02/16/2016. And I have not exhausted my 5 years limit of L1-B.

My wife told her employer the same thing that you said that - "A valid I-94 and latest paystubs should be enough to prove my legal L1 status."

But they are looking for my paystubs till 09/30/2015. I can provide that only by 10/09/2015. My wife's employer said that it is ok if she provides the paystub by 10/09/2015.

On the USCIS website, it says, Request for Additional Evidence Was Mailed On July 16, 2015. and my wife's employer says that the last day to respond to the RFE is 10/15/2015. That is 91 days from July 16, 2015.

My question is - Is my wife's employer telling the correct last date to respond to RFE. Is it not 84 days or 12 weeks something. I am really confused and scared that they should not do a mess-up with the dates. Any response is highly appreciated.

Arent paystubs available to you online as soon as pay period?

I think Max RFE response time is 84 days (12 weeks). http://www.uscis.gov/sites/default/f...frames-rfe.pdf

This is my opinion not legal advice.