L2 to H4 Change of Status - H4 got RFE

[titu4help]

Hi,
I was on L1 visa with company A. My dependents were on L2 visa. Our(L1/L2) I-94 date for company A was 28-May-2015.
Last year 01-Oct-2014, I moved from company A to company B by COS(L1 to H1). I was selected in H1 Lottery last year and COS(L1 to H1) was approved for company B in May,2014. From last 01-Oct-2014, I have been working for company B on H1 with new I-94 date as 28-May-2016.

Company B also filed I-539 COS(L2 to H4) for my dependents in last Sept last week, 2014. We got a H4 receipt notice with 'Received Date' as 03-Oct-2014, whereas company B told me that, they have FEDEX tracking number which says that, the I-539 COS application had reached USCIS office before 30-Sept-2014. I-539 application was in 'Received' status all these days from 03-Oct-2014. I just now saw the status of I-539 application got changed to 'Request for Additional Evidence', do not know the actual reason yet as it would take approx 15 days for company B to receive the physical notice with the reason.

I-539 notice shows the received date as 03-Oct-2014, which is 3 days late from my H1 COS date(01-Oct-2014). Now I have got another better offer from company C. I am thinking of moving from company B to company C.

Now I have below Five questions:
1) Will it be the reason why they would have given this 'Request for Additional Evidence' on the I-539 COS extension?
2) Can I-539 COS be denied for these 3 days delay? My company B says, they have FEDEX tracking number which shows it was received by USCIS before 30-Sept-2014.
3) Are my dependents out of status now?
4) Can I do H1 transfer from company B to company C while my I-539 COS(L2-H4) is in 'Request for Additional Evidence' status with company B?
5) Can company C file H4 for my dependents? In that case what will happen to this I-539 COS with 'Request for Additional Evidence' with company B?

Please advise.

Thanks,
Titu.

[raghvi]

1. Possible. Why was the L2 to H4 delayed till the last moment?
2. Possible.
3. Till their COS is approved one cannot say. Even after RFE response the COS is denied, yes they would be considered out of status.
4&5. You only going to complicate an already complicated situation. If you dont plan to travel outside US and get H1 and H4 stamped I would advise you wait till the outcome of the RFE.

This is my opinion not legal advice.

[titu4help]

Re: L2 to H4 Change of Status - H4 got RFE

Hi Raghvi,

Thanks for your reply.
After reading your reply, it seems that I should not change my employer(H1B transfer) now even if I have got a better offer.

Here is my doubt, I spoke to my TO BE Employer's(a Big MNC) attorney on this issue today morning before I received your response. Attorney told, they can file my H1B transfer along with H4 COS petition in premium processing and in that case my H1B will get approved in 15 days. H4 will also come with my H1 transfer in 15 days. I asked him on what basis they will file H4 COS as it is already been RFEed with my current employer. He told that they will file H4 petition on the basis of H4 COS Receipt and my approved H1B copy while being transferred. There shouldn't be any issue.

He also told that, a reasonable RFE reply can take care of that 3 days delay in filing. Now I am confused, what I should do?

Please suggest.

Thanks.

[titu4help]

L2 to H4 Change of Status - H4 got RFE

Hi Raghvi,

Thanks for your reply.
After reading your reply, it seems that I should not change my employer(H1B transfer) now even if I have got a better offer.

Here is my doubt, I spoke to my TO BE Employer's(a Big MNC) attorney on this issue today morning before I received your response. Attorney told, they can file my H1B transfer along with H4 COS petition in premium processing and in that case my H1B will get approved in 15 days. H4 will also come with my H1 transfer in 15 days. I asked him on what basis they will file H4 COS as it is already been RFEed with my current employer. He told that they will file H4 petition on the basis of H4 COS Receipt and my approved H1B copy while being transferred. There shouldn't be any issue.

He also told that, a reasonable RFE reply can take care of that 3 days delay in filing. Now I am confused, what I should do?

Please suggest.

Thanks.

[raghvi]

Hi Raghvi,

Thanks for your reply.
After reading your reply, it seems that I should not change my employer(H1B transfer) now even if I have got a better offer.

Here is my doubt, I spoke to my TO BE Employer's(a Big MNC) attorney on this issue today morning before I received your response. Attorney told, they can file my H1B transfer along with H4 COS petition in premium processing and in that case my H1B will get approved in 15 days. H4 will also come with my H1 transfer in 15 days. I asked him on what basis they will file H4 COS as it is already been RFEed with my current employer. He told that they will file H4 petition on the basis of H4 COS Receipt and my approved H1B copy while being transferred. There shouldn't be any issue.

He also told that, a reasonable RFE reply can take care of that 3 days delay in filing. Now I am confused, what I should do?

Please suggest.

Thanks.

Premium processing will only speed up your H1 petition, not their H4 COS.

This is my opinion not legal advice.

[jkkumar.r]

L2 to H4 change of status

Hi Titu,

I am also in the same situation. My wife's L2 to H4 COS was filed after my H1 is active. I am waiting for the result from USCIS.
May I know what happened to your case? Was L2 to H4 cos approved for your wife? please let me know..Thanks, KK

[jkkumar.r]

L2 to H4 Change of Status - H4 got RFE

Hi Titu,

I am also in the same situation. My wife's L2 to H4 COS was filed after my H1 is active. I am waiting for the result from USCIS.
May I know what happened to your case? Was L2 to H4 cos approved for your wife? please let me know..Thanks, KK

Hi,
I was on L1 visa with company A. My dependents were on L2 visa. Our(L1/L2) I-94 date for company A was 28-May-2015.
Last year 01-Oct-2014, I moved from company A to company B by COS(L1 to H1). I was selected in H1 Lottery last year and COS(L1 to H1) was approved for company B in May,2014. From last 01-Oct-2014, I have been working for company B on H1 with new I-94 date as 28-May-2016.

Company B also filed I-539 COS(L2 to H4) for my dependents in last Sept last week, 2014. We got a H4 receipt notice with 'Received Date' as 03-Oct-2014, whereas company B told me that, they have FEDEX tracking number which says that, the I-539 COS application had reached USCIS office before 30-Sept-2014. I-539 application was in 'Received' status all these days from 03-Oct-2014. I just now saw the status of I-539 application got changed to 'Request for Additional Evidence', do not know the actual reason yet as it would take approx 15 days for company B to receive the physical notice with the reason.

I-539 notice shows the received date as 03-Oct-2014, which is 3 days late from my H1 COS date(01-Oct-2014). Now I have got another better offer from company C. I am thinking of moving from company B to company C.

Now I have below Five questions:
1) Will it be the reason why they would have given this 'Request for Additional Evidence' on the I-539 COS extension?
2) Can I-539 COS be denied for these 3 days delay? My company B says, they have FEDEX tracking number which shows it was received by USCIS before 30-Sept-2014.
3) Are my dependents out of status now?
4) Can I do H1 transfer from company B to company C while my I-539 COS(L2-H4) is in 'Request for Additional Evidence' status with company B?
5) Can company C file H4 for my dependents? In that case what will happen to this I-539 COS with 'Request for Additional Evidence' with company B?

Please advise.

Thanks,
Titu.

[jkkumar.r]

L2 to H4 Change of Status - H4 got RFE

Hi Titu,

I am also in the same situation. My wife's L2 to H4 COS was filed after my H1 is active. I am waiting for the result from USCIS.
May I know what happened to your case? Was L2 to H4 cos approved for your wife? please let me know..Thanks, KK

Hi,
I was on L1 visa with company A. My dependents were on L2 visa. Our(L1/L2) I-94 date for company A was 28-May-2015.
Last year 01-Oct-2014, I moved from company A to company B by COS(L1 to H1). I was selected in H1 Lottery last year and COS(L1 to H1) was approved for company B in May,2014. From last 01-Oct-2014, I have been working for company B on H1 with new I-94 date as 28-May-2016.

Company B also filed I-539 COS(L2 to H4) for my dependents in last Sept last week, 2014. We got a H4 receipt notice with 'Received Date' as 03-Oct-2014, whereas company B told me that, they have FEDEX tracking number which says that, the I-539 COS application had reached USCIS office before 30-Sept-2014. I-539 application was in 'Received' status all these days from 03-Oct-2014. I just now saw the status of I-539 application got changed to 'Request for Additional Evidence', do not know the actual reason yet as it would take approx 15 days for company B to receive the physical notice with the reason.

I-539 notice shows the received date as 03-Oct-2014, which is 3 days late from my H1 COS date(01-Oct-2014). Now I have got another better offer from company C. I am thinking of moving from company B to company C.

Now I have below Five questions:
1) Will it be the reason why they would have given this 'Request for Additional Evidence' on the I-539 COS extension?
2) Can I-539 COS be denied for these 3 days delay? My company B says, they have FEDEX tracking number which shows it was received by USCIS before 30-Sept-2014.
3) Are my dependents out of status now?
4) Can I do H1 transfer from company B to company C while my I-539 COS(L2-H4) is in 'Request for Additional Evidence' status with company B?
5) Can company C file H4 for my dependents? In that case what will happen to this I-539 COS with 'Request for Additional Evidence' with company B?

Please advise.

Thanks,
Titu.

[goldenpalms]

HI Kumar, what happened to your case, I am in the same situation?

Hi Titu,

I am also in the same situation. My wife's L2 to H4 COS was filed after my H1 is active. I am waiting for the result from USCIS.
May I know what happened to your case? Was L2 to H4 cos approved for your wife? please let me know..Thanks, KK

I am in the same situation, please let me know what happened in your case, your reply would greatly help. Thanks in advance,