L2 EAD Renewal with Spouse's pending H1B RFE

[pathfinder2018]

Hello All,

My Spouse is currently on L1B and had applied for H1B last year which was pending since almost a year. Recently we received RFE for pending H1b(We don't know it's reason yet). Meanwhile I have applied for my L2 EAD renewal in December and it is also pending since then.

My only concerns are -

1.Will there be any problem or delay in my L2 EAD renewal process because of H1b RFE? or these two are completely different threads not affecting on each other ?

2. Also, can L1B extension and H1B RFE be processed at the same time or concurrently ? Or will there be any rejection chances in L1b extension due to pending H1b RFE?

I have been reading many blogs and also discussed with friends. Most of them are saying that there won't be any issue in both cases as these two visas are processed independently and the one which is approved first is continued. I am also trying get an appointment with attorney. But just wanted to know if anyone had been in such situations before ? Any help or guidance would be really appreciated.


Thank You

[scientist2016]

Hello All,

My Spouse is currently on L1B and had applied for H1B last year which was pending since almost a year. Recently we received RFE for pending H1b(We don't know it's reason yet). Meanwhile I have applied for my L2 EAD renewal in December and it is also pending since then.

My only concerns are -

1.Will there be any problem or delay in my L2 EAD renewal process because of H1b RFE? or these two are completely different threads not affecting on each other ?

2. Also, can L1B extension and H1B RFE be processed at the same time or concurrently ? Or will there be any rejection chances in L1b extension due to pending H1b RFE?

I have been reading many blogs and also discussed with friends. Most of them are saying that there won't be any issue in both cases as these two visas are processed independently and the one which is approved first is continued. I am also trying get an appointment with attorney. But just wanted to know if anyone had been in such situations before ? Any help or guidance would be really appreciated.


Thank You

They are two independent things. However, when the H1B acceptance comes in, then your spouse would automatically change to H1 (assuming it was filed as a COS) and your L2 EAD ceases to be valid. Also, you will have no status (L2 is not valid), since you haven't filed for H4.