dh010447

Hey Guys,

My wife is on L2 and her company applied for a H-1B for her. Got an RFE from USCIS requesting proof that I am still employed under L1 for the same employer.

Got me wondering why her obtaining a H-1B has anything to do with my immigration status...... Any ideas?

Noorah101

Maybe they want to make sure she's in the USA legally?

Rene

dh010447

I guess that would make sense. I'm assuming that if she wasn't then this would disqualify her from H-1B?

If she has an RFE, does that mean they have accepted her or will she go back to the back of the line when the requested documents are submitted?

Noorah101

Getting an RFE does not mean anything has been accepted, in fact it means they are still working on the application, and need more info to continue. She won't go to the back of the line, they will pick up where they left off once they receive the info.

Rene

henryh

I think the OP was asking if the RFE means his wife got in under the cap (which is rapidly running out). AFAIK, yes, it does. Of course her application could still be denied if USCIS decides she, or the job, don't qualify for the H-1B program.

dh010447

Thanks henryh, that's what I meant. There is no reason that it would be denied so I think its all looking good

JCraigFong

I suspect other posters are correct. In order for Wife to get H-1 as a Change of Status (COS), she must be in (and have been in) status as L-2. the validity of her L-2 status is largely dependent on whether or not YOU have been appropriately employed as an L-1.

Remember: if you were out of status for even ONE DAY, she would likely be out of status as well. Then: no COS. And -- as I tell my clients -- "status is like toothpaste: once it's out (of the tube), you generally can't get it back in." (Yes, yes, I know that there are some exceptions.)

As for being in under the cap, well, if the fee'd in the I-129, then she is at least in the running. As long as her I-129 is granted before the last H-1B goes out the door, she should be OK, assuming she is otherwise qualified for the H.

Happy holidays.

--J