L1B Extension(if denied) to H4 Dependent Visa

[sunm007]

My wife is currently on L1B visa extension which was filed on November’2022 and her I-94 expired on 12-08-2022. She received RFE in the month of Jan’2023 and her attorney responded to RFE in Mar-2023, later we received NOID(notice of intent to deny) on Mar-30-2023.

Currently her attorney is planning to submit the documents requested for NOID by next week.

In the interim I submitted for H4 dependent, change of status(COS) through my company which will be submitted to USCIS next monday.

My query is..can she continue to stay in USA with H4 dependent receipt notice if her L1B extension is denied.

Will she be Out of Status from the day her I-94 is expired(12-08-2022) or Out of status from the date when her L1B extension is denied. Will H4 Dependent visa filed become void?

[newacct]

No, she cannot stay in the US if her EOS is denied. Her COS would not be timely-filed if her EOS is denied, since her COS was filed after her previous status already expired, so the only way the COS would be timely-filed would be if the EOS was approved, thereby granting status covering the date the COS was filed.

[sunm007]

No, she cannot stay in the US if her EOS is denied. Her COS would not be timely-filed if her EOS is denied, since her COS was filed after her previous status already expired, so the only way the COS would be timely-filed would be if the EOS was approved, thereby granting status covering the date the COS was filed.

Does it mean..she needs to go back to India and go for H4 stamping to come back to US.