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Scenario:
My wife entered the US on L1-B visa ( valid till 15 feb 2008 thru employer (A) in early Jan 2007. Then we applied for her H1-B (thru employer B) and got it which was valid from Oct 2007 but she decided against quitting employer A and so went out of US( in Nov 07) and reentred on her L1(valid till Feb 2008) to restore her L1 status. Then she applied for her L1 extn. in late dec 2007 coz it was valid till Feb 2008. Yesterday her processing status change to "Request for Additional Evidence Sent". So essentially there is an RFE on her extn case. We still dont know what the RFE asks for.
Questions:
1. We didnt ask employer B to revoke her H1. Can that be a potential problem? If so, how long does it take to file an H1 revocation & approx how long does USCIS take to revoke it?
2. She is pregnant and into her last trimester which means that air travel back to India is out of question for a while. In this scenario, if there is a denial on the L1 ( after the RFE is filed) , what are the options? Is it possible to file for a change of status to B1/B2 ( she has a tourist visa)
or H4 ( as my dependent) or go on EAD ( as part of my 140/485 appln but the I-140 was denied and MTR/I290B has been filed). ( I know this option is least advisable)
Thanks
My wife entered the US on L1-B visa ( valid till 15 feb 2008 thru employer (A) in early Jan 2007. Then we applied for her H1-B (thru employer B) and got it which was valid from Oct 2007 but she decided against quitting employer A and so went out of US( in Nov 07) and reentred on her L1(valid till Feb 2008) to restore her L1 status. Then she applied for her L1 extn. in late dec 2007 coz it was valid till Feb 2008. Yesterday her processing status change to "Request for Additional Evidence Sent". So essentially there is an RFE on her extn case. We still dont know what the RFE asks for.
Questions:
1. We didnt ask employer B to revoke her H1. Can that be a potential problem? If so, how long does it take to file an H1 revocation & approx how long does USCIS take to revoke it?
2. She is pregnant and into her last trimester which means that air travel back to India is out of question for a while. In this scenario, if there is a denial on the L1 ( after the RFE is filed) , what are the options? Is it possible to file for a change of status to B1/B2 ( she has a tourist visa)
or H4 ( as my dependent) or go on EAD ( as part of my 140/485 appln but the I-140 was denied and MTR/I290B has been filed). ( I know this option is least advisable)
Thanks
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