L1 Extn RFE and H4 needs to stay for medical reason

[VisaNeeds]

Hi,
I am working in US on L1 blanket visa. The visa is bound to expire on 10th August 2011. My company had applied for L1 extn but I have got an RFE and a deadline of 27 Aug to submit the papers.
I am 7 months pregnant and would not be in a position to travel back in case the L1 gets rejected after RFE processing.
My husband has an H1 and can apply for an H4 for me. My company is asking me to work on L1 till the deadline date of 27th Aug.
So in this case I am not sure what I can do.
Can I apply for an H4 and still proceed with the L1 RFE processing in parallel?
a: So if the H4 gets approved first, will I have to stop working right away?
b: Can I work till 27th Aug and then switch over to H4 status?

Please help me with this. Thanks in advance.

[pdoll]

Does your I-94 expiry date is same as your L1 B expiration date?

[kabkaba]

You can technically work as long as the petition remains pending (not just Aug 27). This assumes your employer responds to the RFE. If petition is approved, you will be able to continue working for the same employer and if denied you can file change of status to H4 but that depends on when your I-94 expires.
In general you should not have two pending applications related to your status.

[VisaNeeds]

I-94 expires same date as L1B

Hi,

I-94 is also expiring on 7th August 2011 same as my L1B visa

[pdoll]

**Disclaimer:I am not a legal attorney and this is my personal opinion and consider at your own risk. I recommend you contact a good legal attorney for any clarifications.**

Thanks, then I would recommend the following in your situation:

1. File H4 so that it reaches USCIS office before your current I-94 expiration date(this is VERY IMPORTANT).

2. Submit the L1B RFE documents at the earliest. Don't wait until 27th Aug 2011. [This will hopefully help you get a decision on your L1B extension before you get the H4 decision. Or to be more safer side request Premium Processing on your L1B decision along with RFE submission]

3. If your L1B extn is approved, immediately withdraw your H4 application. Else not.

To answer your questions-

a. Yes, if H4 is approved first, you will need to stop working.
b. No. If your I-94 expires on Aug 7, you will be out of status incase your L1B extension is denied. And there is no guarantee that your H4 will get approved once you became out of status.

I hope your L1B extn will get approved and you can enjoy the benefits (maternity leave, etc.. if you are on H4 you cannot get that).

wish you good luck!

[kabkaba]

The above is correct. I have some more suggestions in addition.
Ask your employer to respond to the RFE asap. If possible ask them to upgrade it to premium so that they will get a decision in 15 days. You can pay the premium fee yourself if they are not willing.
If decision is not received by Aug 6, efile I-539 to change status to H4. For efiled applications, USCIS receipt date is same as date of filing. This way you are safe by filing before I-94 date.
After that wait a few more days before sending supporting documents for I-539, so that if L1 extension is approved by then you can send withdrawal letter instead of supporting documents.