Stay in USA if H4 not approved

[shan_123]

HI

My spouse is on L1B and I am on L2 currently working via EAD.
My spouse is changing her status to H1 effect May 27 this year..

My employer filed H1B in 2018, but it went to RFE couple of days back...my attorney is working on sending the response.
I also filed H4 along with my H4-EAD with my spouse H1B, but nothing heard on that yet.

Am I allowed to stay in USA beyond May 27 (because I will loose my L2 status) based on my H4 application ??

Please advice..

Shan

[Libra_14]

Since the primary applicant is not maintaining her status - all dependent status would also turns void.

You cannot stay with your H4 status after that, however you can easily switch from L2 to H4 by filing I539 (COS) & then you can stay awaiting response of COS.

[shan_123]

Hi

I already filed H4 along with my spouse H1B..my spouse H1B got approved , but not my H4..Using that application., can I stay beyond my I-94 date till it gets approved ?? is that legal ??

Shan