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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 109296
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi thanks for helping out back then on the visa status change

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Hi thanks for helping out back then on the visa status change from L1 to F2. I have then filed my status change through the USCIS online system on July 21, and then resigned on July 24 (FYI the last day was July 24). After a couple of months, the USCIS system changed the filing status to - petition under review.
Today, it changed to Pending - Request for Evidence Response. Within a pdf document, they explained what additional evidences I need to submit within 33 days, which are fine. In the later part of the same document, however, a section called EVIDENCE PERTAINING TO THE FILING OF THE APPLICATION seems asking me to “submit a written statement explaining why the application was not filed until after your authorized stay had expired and submit evidence to substantiate your claim that the delay was due to extraordinary circumstances beyond your control”
Well, I am not sure how to respond to this part – I didn’t delay in my filing, correct?
Hello again and thank you for requesting me. Just make sure that you put my name in the subject line next time. As far as your response, since you riled before the L-1 expired, you will need to submit evidence that you were still on L-1 payroll when you filed the change of status. That's how you would respond to the RFE. Any and all evidence that you have to show when the I-539 was filed and that you were still in status, on payroll on and after that date. Please let me know if you have additional questions and please do not forget to rate my service to you positively as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Guillermo J. Senmartin, Esq. and other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for the quick response. Just to clarify that in the RFE thre are some other evidence required .. these additional ones does not have to be filed within the previous status, right? since now i don't have that previous status.


So all i need to do is to provide that back then when i filed (i.e. Jul 21) i was on payroll ...

What are the other evidences that they are asking for?

Customer: replied 3 years ago.

Reason for Change of Status/Extension: The instructions for completing the application require the applicant to submit a written statement explaining, in detail, the reasons for the request to extend their stay in the United States, including why the extended stay would be temporary; what
arrangements have been made to depart the United States; and any effect the extended stay may have on the applicant's(s') foreign employment or residency.

Submit photocopies of your last two pay records prior to the filing of the present application to establish that you have been maintained a valid L1B status. If employment termination occurred, provide a letter from the employer's official representative indicating employment periods (From - To) and last date of duty. You may provide a combination of the following or similar types of evidence. Such evidence may include but is not limited to:

  • Copies of pay records (leave and earnings statements, and pay stubs, etc.) for the last two pay periods prior to the filing of the present petition;

  • Copies of most recently issued payroll summary, W-2, evidencing wages paid to the beneficiary;

  • Copy of any employment history records, including but not limited to, documentation showing date of hire and dates of job changes,

Sounds fine to me. I don't see what you will have an issue with. Your reason for change of status is to remain with your spouse. You can make a statement that your intent is to return home when your status ends in the future.
Customer: replied 3 years ago.

Your reply is very much comforting :) i almost got panic when i see that pdf...


Let me summarize what i have to submit

1) A statement (reason for change of status, future plans and etc) Do i need to really purchase flight ticket or anything?

2) a letter from company official rep mentioning my exact last day?

3) last two pay stub or payroll summary, i guess those will show my last day too

4) another written statement explaining my initial filing was not delayed, with the prove of pay stub...


sounds fine to you?

1) I don't think a plane ticket is necessary.

2) That would help, but the paycheck stubs are key.

3) Hopefully, yes.

4) Correct.
Customer: replied 3 years ago.

Perfect! Thank you so much again.

No problem. Thank you and good luck!