H4 Dependent

[Arjun1231]

Hi Forum Friends,

I need small help.
My Problem:
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I am on H1B and it expires on 18 Sep 2012 and I am applying for my Extension for next 3 yrs as my I -140 is approved.
My Wife came to US on L1B and she completed 3 yrs on L1B and her company applied for Extension and got RFE on Apr 25th 2012.Her Initial I-94 is expired.
Since there is an issue with the company and assuming her last dae in the company is jun 29 2012, I want to apply H4 Dependent to my wife. I applied H4 stating that from Jun 29 2012 to 18 Sep 2012(As my H1B Expires at 18 Sep 2012). I sent all documents to USCIS and they recrived on 14 Jun 2012(FedEx Confirmation). I didnt receive my wife H4 Dependent receipt yet.

Question:
1) If My wife Employer didnt respond L1B RFE by July 25th(Max time is 90 days from RFE Date) ,USCIS may take decision for denying the petition. Is it okay to stay legal in US, eventhough H4 receipt not received as I applied H4 on 14 Jun 2012?

2) If My Wife Employer responds to USCIS saying that no more need this employee on Jun 29th 2012(This is an assumption to work on my plan B option). USCIS May take decision for denying the petition. Is it okay to stay legal in US, eventhough H4 receipt not received as I applied H4 on 14 Jun 2012?

Please help on these 2 scenarios.

Thanks,
Arjun.

[shervin143]

When did her I-94 expire? Did you file the H4 before her current I-94 expiry date? If not, did you file the H4 based on her pending L1 extension (meaning, did you attach a copy of the pending L1 extension receipt notice while filing form I-539)?

[Arjun1231]

When did her I-94 expire?
It is expired on Apr 22 2012(First L1 Approval from Apr 2009 to Arp 2012)

Did you file the H4 before her current I-94 expiry date?
No

If not, did you file the H4 based on her pending L1 extension (meaning, did you attach a copy of the pending L1 extension receipt notice while filing form I-539)?
Yes. I applied I -539 based on my Pending L1B Extension. I sent L1 Pending Extesnion along with I-539 document.

Thanks
Arjun.

[shervin143]

Well, in that case, search and read about bridging. In order for the H4 to get approved as a COS, the L1 extension should get appproved. If not, the bridge iwll break. In that case, she will need to leave the country and return back in H4 visa.

[Arjun1231]

Hi shervin143,

Thanks for the reply.

She is working now with just the L1B Pendion petition until Jun 29th 2012. If H4 receipt is received to us, they need to approve the H4 from 29 Jun 2012 to 18 Sep 2012 as my H1B is active during that time.
Once we get receipt, do we need to bother about L1B petition approval or denial?

She will be legal from 22 April 2012 to 29 Jun 2012 on L1B Pending petition
She will be legal from 29 Jun 2012 to 18 sep 2012 on H4 Pending Petition

Is it correct?

Thanks,
SHiva.

[shervin143]

She is working now with just the L1B Pendion petition until Jun 29th 2012. If H4 receipt is received to us, they need to approve the H4 from 29 Jun 2012 to 18 Sep 2012 as my H1B is active during that time.
Once we get receipt, do we need to bother about L1B petition approval or denial?
>>> You need to bother about it because H4 is filed as a bridging petition. If you have filed the H4 before her I-94 expiry date, then no issues. Like I said, search and read about "Bridging".

She will be legal from 22 April 2012 to 29 Jun 2012 on L1B Pending petition
>>> She will be leagl if the L1 extension is approved. If it gets rejected or withdrawn, then her status will be illegal.

She will be legal from 29 Jun 2012 to 18 sep 2012 on H4 Pending Petition
>>> Not unless both L1 and H4 gets approved.