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Question

Hi I got a J2 (DS-2019) visa from 01/25/16 to 01/24/21. My husband has changed his visa type to H1B on Oct 1, 2020. I did not apply for H4/I539. I got a job and have been working in that position since Oct 1, 2020, with my J2 EAD. My employer filed for the H-1B premium processing this month and we received RFE to provide evidence that I was maintaining valid status at the time the H1B petition is filed? My employer started the paperwork to apply for the H1B in October 2020. But, applied for the Visa on January 2, 2021. My husband's current H1B visa is valid through 02/01. But his employer applied for renewal a week ago. He has applied for the EB1 visa and has to provide the response to the RFE by end of March. To be on the safe side, I filed i539 online yesterday. How can I provide evidence for my H1B petition approval? Is the I-539 useful to maintain the status? What are the options available for me? Should I leave the country and apply for H1B/H4?

User's Location: Laramie, Alabama, United States of America

Category: H1B Visa (Work Visa)