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RFE - L1 extension

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  • RFE - L1 extension

    My husband is on L1 visa and I am on L2 dependent. We have our visa and I-94 till Sept' 2012.
    My husband's company applied for the visa extension in premium process and he got RFE today. In that case I have few questions -

    1) Within how many days my husband can response to RFE and within how many days he'll get the decision? Can we wait till Aug.2012 to reply to RFE?
    2) If his visa gets denied, can we stay in USA till the date mentioned on our I-94 (i.e. Sept.2012)
    3) Can we apply for GC after getting RFE?
    4) What are the other legal options we can choose to continue our stay in US?
    5) What are chances of getting positive response in case of RFE?

    Thanks

  • #2
    1) Within how many days my husband can response to RFE and within how many days he'll get the decision? Can we wait till Aug.2012 to reply to RFE?
    >>> Usually the time to respond to RFE will be mentioned in the RFE document. If not, it is advisable to respond within 30 days.

    2) If his visa gets denied, can we stay in USA till the date mentioned on our I-94 (i.e. Sept.2012)
    >>> Yes. Unless the denial specifically says that you should leave the country immediately.

    3) Can we apply for GC after getting RFE?
    >>> Yes. GC has nothing to do with RFE.

    4) What are the other legal options we can choose to continue our stay in US?
    >>> Do you both have valid I-94s till end of Sepetember. If yes, then employer can file H1B/H4 for both of you as a COS from L1/L2 with the effective date of Oct 1st.

    5) What are chances of getting positive response in case of RFE?
    >>> It depends on the documents that you submit as a response to the RFE.
    Not a legal advice. Use of this information is strictly at your own risk.

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