l2 to h4 transfer

[chaman]

hi
I have recently changed my l1 status to h1. But somehow my employer has not filed for the COS of my wife.Now my wife is still on l2 visa with valid I 94, can my employer now file for her COS or should we go back to our country and get a new visa stamped?

how long can my wife stay here without COS?

please reply....
thanks

[shervin143]

I have recently changed my l1 status to h1. But somehow my employer has not filed for the COS of my wife.Now my wife is still on l2 visa with valid I 94, can my employer now file for her COS or should we go back to our country and get a new visa stamped?
>>> She is currently out of status on L2. When a person is illegal or outof status, a COS to any other status is not possible. You should have filed her H4 along with your H1B petition before your H1B petition got approved. The best option now is to leave the country, get the H4 stamped and return back in H4 visa.

how long can my wife stay here without COS?
>>> 0 days. It is not advisable to accumulate out of status period.

[chaman]

thanks a lot....
one more query...If we go back now , is there going to be any difficulty in getting a new visa stamped?

thanks...

[shervin143]

Getting the visa stamped successfully has to do with a lot of factors. Documents that you submit, you maintaining your H1B status, if there are any accumulation of illegal stay / out of status period while in U.S, are you getting paid as per the LCA, H1B holder's employee-employer relationship and many more. Search and read the posts on 221g / admin processing to learn why a 221g is issued to people.

thanks a lot....
one more query...If we go back now , is there going to be any difficulty in getting a new visa stamped?

thanks...