L2 to H4 query - Urgent!

[NancySmith]

Hi,

I'm caught in a unique situation and need advice. Please help.

My husband's L1 and my L2 extension petitions were recently approved by CIS until May 2010.

In the mean time my husband's L1 to H1 conversion petition was also approved and is effective from 10/22/09. My L2 to H4 conversion is not filed yet (as of 11/6/09). We're planning for a vacation out of US in January 2010.

I understand that I loose my L2 status from when my husband's H1 becomes effective.

I'd like to know:

1. If I'm currently eligible to file for an L2 to H4 conversion? Should my L2 status be active to file for a conversion to H4?

2. Shall I wait until Jan 2010 when we both will be appearing for visa stamping in our home country? Can I continue to stay in the US without filing for L2 to H4 conversion until Jan 2010?

I’d highly appreciate advices in this regard.

Thanks.

[txh1b]

1. No. Yes
2. No. No

You should leave US immediately as you dont hold a status. The more illegal stay you accumulate, greater the chances of denial.

Leave today, get a H4 visa stamp and return. No status changes are possible inside the US.