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I dont know how to deal with my L2 situation. I am currently on L2, my wife's L1 expires Sep 2013. My company had initiated H1 out of cap petition for me in October. The plan was for me to move to H1 and my wife will continue on L1 after extending it this year.
Today though, the case update is that I have got an RFE. Prior to this, I was thinking that since my H1 was being applied, I dont need to include myself in my wife's L1 extension (as dependant L2) that her company is going to file. Here are the questions I have -
1. Now that H1 is in RFE, when my wife's company applies for her visa extension next week, should I or should I not include myself in the extension? will that affect my H1?
2. If I include myself in my wife's extension, then I partially know the answer to #1, it depends on the last action rule I suppose. So if I include myself in her extension and if her L1 gets approved ahead of my H1 then when my H1 comes it stays valid as that was the last action. Vice versa would make my h1 invalid. is that correct understanding?
3. more importantly, if i dont include my name in my wife's extension while filing, do i then have to wait till my wife gets her visa extension approved, to add myself to the extension as L2? how long would that take?
I hope that was clear. Thanks for your time.
Today though, the case update is that I have got an RFE. Prior to this, I was thinking that since my H1 was being applied, I dont need to include myself in my wife's L1 extension (as dependant L2) that her company is going to file. Here are the questions I have -
1. Now that H1 is in RFE, when my wife's company applies for her visa extension next week, should I or should I not include myself in the extension? will that affect my H1?
2. If I include myself in my wife's extension, then I partially know the answer to #1, it depends on the last action rule I suppose. So if I include myself in her extension and if her L1 gets approved ahead of my H1 then when my H1 comes it stays valid as that was the last action. Vice versa would make my h1 invalid. is that correct understanding?
3. more importantly, if i dont include my name in my wife's extension while filing, do i then have to wait till my wife gets her visa extension approved, to add myself to the extension as L2? how long would that take?
I hope that was clear. Thanks for your time.
