L1 to H1 conversion query

[namesake]

Hi, I have applied for L1 to H1 conversion this year and yet to hear the status. My question is if my H1 get rejected what will happen to my L1 which is valid till apr 2010. Can I stay till April 2010?

also my spouse's H4 (filed with my this H1) got rejected, so can she stay on her current L2 till April 2010?

thanks in advance

[hrbitland]

Yep . u r fine.

[namesake]

If I understood correctly looks like myself and my spouse can stay on L1 and
L2 resp till april '10 in case my H1 is rejected.

Bur what if my H1 is approved, does my spouse automatically come on H4 and as that is rejected can she stay in US after Oct 1?

I will appreciate response on 2 things above.

Thanks

[txh1b]

You should have applied for H4 along with H1. If your COS to H1b is approved and you have not applied for a COS to H4 for L2, L2 falls out of status from Oct 1st and becomes illegal.

[namesake]

Thanks for the reply. Yes I have applied for H4 along with my H1 and got denial notice from CIS for H4 already. But I didn't get the status yet on my H1.
So in this case if my H1 get approved then my spouse's L2 will be illegal from Oct 1st right? or can she stay on her L2 till apr '10?

can you pl confirm? Thanks

[txh1b]

The L1-L2 combination has to be together. Without L1 being in that status, L2 cannot remain in US.

Same deal with H1-H4 as well.

What is the reason for H4 denial. It is likely that H1 was also denied if H4 was denied. It is very wierd for H4 to be denied unless H4 has violated the status.