L2 Expired while change of staus to H4 is pending

[djaks111]

Hello txh1b,

I changed to H1 from L1 from october 1st 08. My employer applied change of status from L2 to H4 for my wife in November.
Here is my situation,
My wife L2 VISA expired on 20-December-2008 but she got her I94 till March 2011.She did not get her H4 approval yet. Does she will be getting into illegal status in the above case.How long does it take to get the approval.

Can i change employer while her H4 transfer is pending.

I really appreciate your response,
Thanks,

[txh1b]

First of all, your wife's H4 COS will most likely not get approved. The H4 COS has to be applied prior to your status change to H1b. If it was done so, she would be fine.

L2 was illegally present after the day of H1b COS i.e Oct 1st. No other status changes are permitted in that case as per the law. Time to talk to a good attorney though what they can do is questionable.

L2 cannot remain in L2 status when a L1 holder already changed status to H1b. Both have to change together to H status or atleast have a pending petition with USCIS.

[djaks111]

L2 Expired while change of staus to H4 is pending

Thankyou TXH1B,
i had a little hope and tried to check the status of my receipt number in USCIS website. It says "Validation error" though i entered a correct receipt number. I read in some of immihelp forums saying a validation error comes if i get an interview letter. Is my employer is holding my wife interview letter?
Please help me, as control already got over from my hands but still i need to something for my spouse dependant VISA.
Thanks,

[txh1b]

There is no such thing. Your wife is illegal. It is important that you consult an attorney than look for answers in the forum. Your wife will be subjected to a 3 year ban if illegal for more than 180 days and less than 1 year. If it exceeds 1 year, it is a 10 year ban.

Nunc pro tunc is an option. You need a good lawyer, ASAP!

After consulting with an attorney, she should leave and get a H4 stamp and re-enter if the illegal period is less than 6 months, she can explain to VO the circumstances. Don't be foolishly hopeful and make the situation for you worse.

[me2lov]

Don't worry she is not in Illegal state.

Once your application is pending with USCIS you are in legal state.

I have seen cases where people forgot to apply for H4 transfer & able to get it straight after words.

But still consult a good attorney.

[txh1b]

Don't worry she is not in Illegal state.

Once your application is pending with USCIS you are in legal state.

Oh...Please! Read the case properly before you give some opinion giving users false hope and relief.

The person is legal IF AND ONLY IF the application reaches USCIS before the L1 changes status to H1.

[djaks111]

Hi TXH1 and me2love,
Thankyou verymuch for your information. I really appreciate your help. I will consult an attorney, but i would like to wait for the reply for my application(reject/query/e.t.c) before i take action. Also, I will contact you back in this situation.
Thanks again
Have a Nice day.