My employer had filed for L2 Extension and we personally filed for L2 EAD renewal in parallel. Both of the applications were filed on 28th Sep 2018. My L2 extension is assigned to California Center and my L2-EAD is assigned to Vermont Center as it is not submitted together.
Today, 08th Dec we have received an RFE on EAD extension. The RFE - requires for us to submit ‘Proof of Your Spouse’s H-1B NonImmigration Status’.
My questions is as below.
My Spouse is on L1B visa. Should I submit the requested I797/I129S/I-94 pertaining to my Spouse’s L1 B visa though the request is for H1B? The RFE request for H1B non-immigrant is surely not applicable in my case.
If I proceed with submitting the documents, should I mention anything about the discrepancy in RFE request?
I have my l2 Extension Notice, should I send them along? The RFE does not ask for it, however should I tag it along?
PS: I haven’t received an L2 extension confirmation yet.
Thanks for your response. This might sound a little inappropriate, but can’t stop asking:
1: Can I take a chance and send the documents (all the L-1 documentation, the information they have asked is same as what a L1- employee would have ) and NOT send my L2( coz my L2 is not approved)
2: If I take step 1, to try my luck are there any risk involved?
I think that the problem has happened for L2 EAD because you have not submitted the valid L2 extension receipt number.
Note that l2 EAD cannot be approved until L2 is approved first.
The correct way of filing both L2 and L2 EAD together is to file them in the same packet which you did not do.
Right now, if you want to take risk and go ahead with filing response yourself, i suggest to submit proof of your spouse L approval/pending extension receipt notice, your L2 approval/pending receipt notice to prove that you are eligible.
If you do NOT send your L2 details (pending receipt number), your L2 EAD cannot be approved.
Unfortunately I could not submit my L2 and L2EAD together as his employer filed my L2 and they do not support EAD.
I will take your inputs and write a cover letter explaining the attached documents and will send my husband’s L1 approval notice, and my L2 pending notice.
I have filed it this year- it’s a new application. I see that the H1-b processing time for California changed two times - once in September and once in November- they moved the receipt number processing date twice- not really sure when to expect a result
Yes, they are overloaded as USCIS has changed their policy of approving H1Bs for 3 years in 2017.
They now only approve the application for the project’s validity only. That’s why we are seeing many H1B’s getting approved only for 1 month of 3 month or just 6 month as the underlying client project SOW only lasts that much time.
The employer off-course needs to re-file H1B extension again after this short expiry and hence is the reason for overloading.
I don;t see it improving in short term as USCIS’s policy has changed.
As per my estimate, California’s date will again move back in and around 15 December!
Oh that’s a bad news, looking at your best case scenario I Was hoping to get my results soon- your best case says 17 May and my receipt date in USCIS website is April 12 and DHS site is May 08.
I am following up on this post. I have my EAD approved and it’s mailed to me. I will get my card anytime soon. But my L2 is still not approved. Can I still resume with my work with my EAD ? If you remember I had a RFE for my EAD and I did not have any queries around my L2. The result turned out positive and it’s approved. But I don’t understand the impact of this on my employment eligibility . Please help