L2 extension and New H1

[kashwath]

Hi,
My VISA and i94 expired on 21st September 2011 and my company has applied for an extension. I received an RFE and i have to answer the REF questions by Dec 16th.

My Wife who is on L2 EAD (exp on 21st Sep as well) had also applied for extension. Now her company has applied for H1 PP.

Since we are on valid status until Dec 16th, her company told that H1 can be applied and she does not have to go back for stamping (Change of Status). Is it possible?

My company does not want me to answer the RFE questions so i will have to go back before Dec 16th, Can my wife stay if her H1 PP is not approved by then?

Any help is greatly appreciated.

[shervin143]

Since we are on valid status until Dec 16th, her company told that H1 can be applied and she does not have to go back for stamping (Change of Status). Is it possible?
>>> You are not in valid status until the extension gets approved. If the extension is withdrawn or declined, then any time spend in U.S after the I-94 expiry date is considered as illegal stay. Since your wife's I-94 already expired, then H1B need to be filed based on the pending L2 extension as a bridging petition. For the H1B petition get approved as a COS (with new I-94 and no need to go for stamping) her L2 extension need to get approved. Otherwise the bridge will break and her H1B will not get approved with a new I-94 or even if the H1B gets approved with a new I-94 and later the L2 gets rejected, her H1B status is no longer valid due to the break in the bridge and so she need to go out and return back in H1B visa. Search and read about bridging.

My company does not want me to answer the RFE questions so i will have to go back before Dec 16th, Can my wife stay if her H1 PP is not approved by then?
>>> She will remain to be in L2 status until the H1B gets approved with a new I-94. There is no L2 without a valid L1. So technically she cannot stay when you leave the country and give up your L1 status.