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RFE for L2 EAD extension asking for I-539

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  • RFE for L2 EAD extension asking for I-539

    Hi,

    I am on L1B valid till Sept 2013 (I-94 valid till 2015) My wife is working and is currently on L2 EAD which is expring on 25th May 2013. Her I-94 is also valid till 2015.
    My company has not filed for L1B extension as my I-94 is valid till 2015.


    We had filed for extension electronically towards March end and sent the documents separately. Yesterday we received RFE asking for following documents:

    Applicants I-539, Application to extend/change nonimmigration status
    Aplicant's I-94
    Applicant's US visa pages
    Principal Alien's's I-797A
    Principal Alien's I-94
    Principal Alien's US visa pages

    We had sent all these documents except I-539 by post. What is is this and why is this required in our case? Can I respond to RFE by sending all other ducments except I-539?

    Would appreciate a quick response as I need to reply at the earliest.

  • #2
    Send all the other documents and a letter explaining why I-539 is not needed as I-94 is already valid until 2015.
    This is my opinion and not legal advice.

    Comment


    • #3
      Originally posted by kabkaba View Post
      Send all the other documents and a letter explaining why I-539 is not needed as I-94 is already valid until 2015.
      Thanks for the reply.
      Do I need to get an attorney to send the reply or should something like this be sufficient as part of cover letter?
      "For I-539 form: Since me and my husband both have our I-94 stamped till February 2015, my husband’s company has not filed our I-94 extensions and/or L1 / L2 extensions. They suggest that we do not need to file I-539 for extension of non-immigrant status as we have valid I-94 till Feb 2015 which authorizes our stay till 2015."

      Thanks,
      TG

      Comment


      • #4
        Yes, that is fine.
        This is my opinion and not legal advice.

        Comment


        • #5
          Originally posted by TeqGuy View Post
          Thanks for the reply.
          Do I need to get an attorney to send the reply or should something like this be sufficient as part of cover letter?
          "For I-539 form: Since me and my husband both have our I-94 stamped till February 2015, my husband’s company has not filed our I-94 extensions and/or L1 / L2 extensions. They suggest that we do not need to file I-539 for extension of non-immigrant status as we have valid I-94 till Feb 2015 which authorizes our stay till 2015."

          Thanks,
          TG
          Hi TG,
          Did you get your EAD? My husband is in L1 and it is expiring in Jan 2014. My EAD is expiring this September. But both our I-94s are till 2016. Does it mean I can still get my EAD renewed? Were you able to get your EAD renewed?

          Comment


          • #6
            Yes
            This is my opinion and not legal advice.

            Comment

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