Change of Status from L1-B to H4

[aditya18aug]

Hello,

I have a question; My wife was on an L1-B visa till March 12th with Co. A;Now her Visa and I-94 has expired.

her employer has applied for i-94 extension but received RFE. However, I (Husband) am on a valid H1-B visa.

Is it possible to apply for a change of status for my wife at this time when the status is still pending with USCIS for I-94 extension.

Or in case if I-94 extension is rejected can we apply COS even at that time?

please advise.

[raghvi]

Hello,

I have a question; My wife was on an L1-B visa till March 12th with Co. A;Now her Visa and I-94 has expired.

her employer has applied for i-94 extension but received RFE. However, I (Husband) am on a valid H1-B visa.

Is it possible to apply for a change of status for my wife at this time when the status is still pending with USCIS for I-94 extension.

Or in case if I-94 extension is rejected can we apply COS even at that time?

please advise.

A COS is not possible if I94 has expired. If her L1 extension is rejected she would have to leave US , get a new visa and return. This is the reason why it is recommended to apply extension much before I94 expiry so as to be able to do plan much in advance in case of rejection.

This is my opinion not legal advice.