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.
If i cannot secure the L1-B extension before Oct 01, as I am citizen of Canada, do i still need to get out of US to get the H1-B visa? Do Canadian citizen need a visa at all ? Or are we exempted from a visa ?
If a gap does happen, i suppose i will need to stop working , even if no need to go outside of US. So it is still not ideal:(
Since the due date to respond to the RFE request is Oct 04, 2021, and my H1-B becomes effective on Oct 01, 2021, I can take advantage of the 240 days rule and just submit my RFE response stuffs at, for example, Sep 30, 2021. In this way, if my L1-B extension will be approved, i can use the extended L1-B(at the price of losing my H1-B); If my L1-B will be rejected, i can just continue work with my H1-B.(This is ideal, as you said also.) In this way, I am permited to continue working in the US with the 240 days rule applied before Oct 01, 2021; And i am always covered by a visa after Oct 01, 2021 and hence can avoid the potential gap and avoid the risk of losing permission to work. Do you think it a good idea? Or a stupid one?
-It is OK.
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).
The USCIS deadline for me to respond to the RFE request is Oct 04, 2021.
If i submit the L1-B RFE stuff at , for example, late September, and then I cancel my L1-B extension application initiatively to USCIS after Oct 01(when H1-B gets effective), in this way, i can avoid the potential gap, as L1-B is pending and 240 days rule still applies, adn also i can secure the H1-B after Oct 01.
-Yes.
Or alternatively, i can submit the RFE stuffs at late September without preparig it very carefully, say, does not have strong evidences/proofs to support the L1-B extension application, which for sure will lead to rejection.
Do you think this strategy feasible?
-You had better povide what USCIS asked. Because your green card will be approved soon, it does not matter whether you use L1B or H-1B to work.
3, in addition, my wife is a U.S. citizen, she spoonsored my 485 application earlier and it 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.
I did apply for EAD along with my 485 application. But nowadays it takes forever to get the EAD.(Maybe due to the pandemic). I know some guys have their 485 applications approved BEFORE their 765 applications. So i am counting on the 485 interview now.
Meanwhile, my L1-B expired on Jul 07, 2021. I believe the GreenCard interview will be scheduled before Feb 02, 2022, when the 240 days rule will expire, if my L1-B extension application is stillpending then. So i believe it is very important for me to NOT to submit the RFE response stuffs too early. The due date required by USCIS for it is Oct 04, 2021. So i think it is better to sbumit the response as late as possible, maybe right before the due date. Do you agree?
-Yes.
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