L2 to H4 COS with expired I94

[neeraj.bagla]

Hi,

I need assistance with H4 filing for my Son under follow circumstances:
1. He is on L2, current L2 approval expired on 2/15 and we have filed for his L2 extension along with my L1.
2. My L1 is approved but his L2 is still under process
3. Due to unavoidable circumstances, I need to travel to India so we are planning to move him to H4 as my spouse’ dependent

I would like to know if it is allowed to file for change of status from L2 to H4 while L2 is expired and extension is in process. And will he be maintaining a legal status during this process.

Appreciate your help on this.

[rkk09]

Hi,
I would like to know if it is allowed to file for change of status from L2 to H4 while L2 is expired and extension is in process. And will he be maintaining a legal status during this process.
Answer: While you file change of status petition, you must have active status along with I-94. In this case, you may have preferred obtaining visa at consulate.
By the way, can you please share your Experience on this? How did you manage the situation?
Thanks