RFE - Need help in Responding to L2 EAD Renewal

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.

  1. 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.
  2. If I proceed with submitting the documents, should I mention anything about the discrepancy in RFE request?
  3. 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.

Request for your support and guidance.

I am not sure why the RFE is requesting the H1B status.
Are you sure you filled the correct EAD category in your L2 EAD i-765 form?

Do you remember what category you filled?

Hi Anil,

Thanks for your response. Yes I remember the category and it’s correct. It was under A18- EAD for L1-spouse.

I am not sure Of the supporting documents I may have to submit for the RFE response.

You can arrange an infopass appointment with USCIS to understand what to do in your case as yours is an L1 and not H1B.

Or you should contact an attorney to frame a response that will help resolve this scenario.

Or you can write a cover letter your self explaining the situation and attaching your L visa approval/pending extension documents.

Hi Anil,

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?

Hi @Shwetha

You have to decide if you want to take that risk.

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.

Thanks Anil,

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.

Thanks for your response, was very helpful.

Hi Anil,

I am just adding this information to the loop so that it may benefit others.

I have directly got a RFE response via mail, USCIS and DHS website says case is pending.

I am in parallel waiting for my H1-b, and tracking your H1-b posts, it’s assigned to California and I have no response yet.

You are welcome.

So, you have also filed H1B in lottery this year or you are activating previous H1B?

Hi Anil,

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.

Any rough estimates on my visa result ?

I think you should get result by Jan 2019.

Thanks Anil, that helps.

Hi Anil,

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

What did you submit as your RFE response?
Also, What is the validity date on L2 EAD card?

As suggested and advised by you I attached my L2 documentation
Also when I replied to RFE even though they did not ask about it.

I do not know the validity as I don’t have the card yet. Should get it by tomorrow

Ok…then, there can be two cases:

  1. Your L2 Extension is also approved and the status is not yet reflecting online.
  2. Your L2 EAD has been approved based on your old L2 validity.

You will know about it once you get the card. You can start working once you get the EAD card in your hand.

Anil,

1: My L1 is still in process and I called the USCIS to confirm.

2: My Old L2 expired on October 1st 2018 and my I94 also expired the same day.

Can I still work? Please help

Wow…this is the mess that USCIS creates!
They have given you EAD approval without approving L2 first.

I think you can work since you are in valid status as long as your L2 extension is still pending.