COS and H4B for spouse

[abhisheks77]

Hello,

Currently I am on L1B and my wife is on L2B. My H1B is converted into premium 2 weeks back. It is still with attorney and they are preparing to file it. Our L1B and L2B are valid till 31st October 2015. H1B and H4B are filed separately, so even though my case will as premium, my wife's case will go as normal. In 15 days time, I will get results and hopefully approved. From 1st of October, I will be changed into H1B but my wife will be out of status.
Change of status from L2B to H4B was filed for her on 8/18, which is still showing as pending. keeping this 'out of status' in mind, attorney filed I-539 for extension for her. Today I can see status "H-4 Filed. Receipt Notice Received". When I check her receipt number WAC159xxxxxx on USCIS website, it shows below message -
"On August 19, 2015, we received your Form I-539, Application to Extend or Change Nonimmigrant Status, Receipt Number WAC159xxxxxx, and sent you the receipt notice that describes how we will process your case"

- Does it mean that, initially COS was filed for her from L2B to H4B and now I-539 for her extension ?
- If yes, will initial COS from L2B to H4B will be withdrawn ? We will be travelling to India on 9th October, so COS will anyway reject.
- If I-539 was filed on August 19th, can we expect it to be approved before October 1st and she will have no problem in staying from 1st of October till our travel date (9th October) in US, even though I am H1B at that time ?

Regards

[shervin143]

Your attorney cannot file a L2 extension for your wife when you are no longer in L2 status post Oct 1st. If your employer already filed H1B and H4 as COS from L1 and L2 for both you and your wife, then why did they file for I-539 again? I am guessing you have posted questions here without properly checking with your employer. Check with your employer to find out the below.

1) Was a L1 extension field for you? - Answer should be NO.
2) Was a L2 extension filed for your wife? - Answer should be NO.
3) Was an H1B COS already filed for you with an effective date of Oct 1st? - Answer should be YES from what you have written.
4) Was an H4 COS already filed for your wife with an effective date of Oct 1st? - Answer should be YES from what you have written. In such case, your wife will not go out of status from Oct 1st even if the petition is pending with USCIS at that time since it was filed prior to her existing status expiry date.