Change of Status - L1 to B1

[PP77]

My Husband is on L1B and his I94 was valid till 8th April12. His L1B extension is denied and we came to know about this in last week of April 12. I am on L2 and my I94 is valid till 2014. Since we are blessed with baby girl in mid of April12, as per doctors advice we can travel back only when baby is around 8 weeks.
To apply for Indian Visa or PIO card for our daughter, parents should have a valid VISA status. So we are planning to apply for change of Status. My husband also has valid B1 with multiple entries which is valid till 2016.
My Questions are as below:
1. While applying for Change of Status, can his existing B1 be considered or we need to apply for new B1/B2.
2. As my I94 is valid till 2014 (I am on L2), do I still need to apply for change of status i.e. B1/B2.
3. Or only applying Change of status should be enough.
4. Generally how much time it takes to process Change of status from L1 to B1

[raghvi]

Change of Status - L1 to B1

Change of Status is permitted only when one is legally in US. As your husband's L1 extension was denied and his I-94 is also expired he is out of status and its illegal for him and his dependents (you and the kid) to stay in US. The denial notice would have come with a date by when he and his dependents would have to leave the US. Your L2 I-94 does matter as without primary L1's valid visa/stay your visa and stay automatically becomes invalid. Since your husband's I-94 has expired it would not be possible to do a COS to B1/B2. Don't accumulate any further illegal stay as it might cause you to get banned from US entry in future. I dont think USCIS considers child birth or pregnancy as valid reason to over stay or illegaly stay in US. I would suggest you consider a good immigration lawyer to chalk out a plan as the illegal stay can have repercussions in future visa processing/GC filings. This is my opinion please consider expert guidance too.