Please ask the 8 teacher for advice:
My L1-B expired on July 7, 2021, before the factory helped submit the L1-B extension application in March. Also helped to make H1-B applications to participate in the lottery. Currently I continue to work with 240 day rules.
Last week my H1-B was drawn and approved by USCIS, and I got I-797A Approval Notice, H1-B valid from 2021.10.01 to 2024.09.30.
This week my L1-B extension application was RFE, requiring the submission of additional RFE requirements by 2021.10.04, feeling that there is still a lot to add, a headache.
My question is:
1, anyway, already has H1-B, I still need to ignore L1-B RFE this request? Or would it be nice to ignore the automatic invalidation of L1-B extension applications (2021.10.04)?
-No. You need to respond to the RFE and get your L-1B extension approved before Oct. 1. Otherwise, your status will have a gap because your H-1B is not valid until Oct. 1. Thus, you have to go outside US to get the H-1B visa to come back if you want to be H-1B holder. Obviously, it is not a good choice.
2, if I need to continue to respond to RFE, can I submit RFE material between 2021.10.01 and 2021.10.04, so that even if the final L1-B is rejected, I can seamlessly switch to H1-B to continue working, right? I don't know if this will work.
-If your L1B is approved after Oct. 1, it will override your H-1B status. Thus, you have to ask the employer to submit change of status from L1B to H-1B again or just use L-1B to work. If your L1B extension is denied before Sept. 21, then your status will have a gap. If it is denied after Oct. 1, then you can use H-1B to work (this is ideal).
3, in addition, my lover is a U.S. citizen, she before spoonsor my 485 application is now in the status of interview scheduled, the immigration department has sent out the interview notice, I should be these two days can be received, the specific interview date can only be seen in the letter but estimated to be before October 1. If the interview goes well enough to get my marriage green card by October 4th, I won't have to deal with this L1-B RFE? (FYI, we're now married for two years.) ）
-Correct. Actually, you can apply for EAD to work before you get the green card, not need L1B or H-1B. But it takes time for the EAD approval, so you had better get the L1B extension approved. Otherwise, you cannot work before you get the green card. Of course, you can legally stay in US even if you don't have L-1B or H-1B status.
Thank you very much, Teacher 8!
