L1B to H4 COS

[dooddood]

Hi,

I need advise from the forum members on below.

My Visa & i94 got expired on March 26th, 2013 and extension was applied. got an RFE and replied to the same on July 26th and still pending decision.

When check with last week they said it will take another couple of weeks to get an response. also I am hitting the 240 day mark on November 20th which is almost a month from now. And my Wife is currently on H1 visa, which got approved in 2013 quota.

Below where I need help !

Q1 ) If I applied H4 COS while my L1 extension decision pending and if my L1 extension get denied, can I stay in US since my H4 COS is in progress.

Q2 ) If my L1 extension get approved and after I apply for H4 COS, can I go back to my home country and stamp the L1 ( using approved L1 extension ) and come back to US and work for the same employer.

Thanks,
Sandika

[raghvi]

1. As your I-94 has expired you cannot apply COS to any other status without first getting your L1 extension approved.
2. You can go back any moment and apply new L1. The extension that you get is technically merely a I-94 extension.

This is my opinion not legal advice.