L1 visa to H4 visa

[kiran_dj]

I am on L1 visa(from Indian MNC) and my I94 ended in Dec-2012. i have applied for L1 visa extension(normal process) in Sep-2012. Status is still showing as "Initial Review" on USCIS website.
My Husband is on H1 visa.

As there are lot of rejections in L1 visas, i was looking out if i can apply for H4 visa and continue to stay in USA(i know i can't work on H4).
1) Should i go to India to apply for H4? (In few forums they had mentioned i can apply H4 from USA)
2) If i can apply for H4 from USA, then when is it a good time to apply for H4? (i heard i should apply before 180 days of I94 ending)
3) Can i start H4 visa process after getting my L1 status. How many days will i have time to apply for H4 if my L1 gets rejected?
4) Will there be any effect on L1 process if i apply H4 visa now?

[raghvi]

I am on L1 visa(from Indian MNC) and my I94 ended in Dec-2012. i have applied for L1 visa extension(normal process) in Sep-2012. Status is still showing as "Initial Review" on USCIS website.
My Husband is on H1 visa.

As there are lot of rejections in L1 visas, i was looking out if i can apply for H4 visa and continue to stay in USA(i know i can't work on H4).
1) Should i go to India to apply for H4? (In few forums they had mentioned i can apply H4 from USA)
2) If i can apply for H4 from USA, then when is it a good time to apply for H4? (i heard i should apply before 180 days of I94 ending)
3) Can i start H4 visa process after getting my L1 status. How many days will i have time to apply for H4 if my L1 gets rejected?
4) Will there be any effect on L1 process if i apply H4 visa now?

As your I-94 has already expired you cannot do a COS to H4 while in US without first getting the L1 extension approved.

If you go to India and apply H4 your L1 extension request would be deemed abandoned and you would be counted as Out of Status from I-94 expiry till the day you left US.

3. If your L1 extension request is rejected you would have to leave US immediately as you dont have a valid I-94.
4. As mentioned earlier you cannot apply for COS to H4 now.

This is my opinion not legal advice.

[kiran_dj]

Thank you