L2 Expired while change of status to H4

[tangyunl]

Dear all,

I am currently on L1B and it will expire in Sep 2020, my wife is on L2 and working L2 EAD. I got H1B selected last year with Consular Processing. Since my L1B will expire in Sep, so my company decided to file an amendment to change my H1B to COS. My wife got H1B selected this year, her company has filed the H1B petition with COS. Now the question is I don't know if my company should file an H4 petition for my wife when they file the amendment for me.

1. If my company doesn't file an H4 petition for her, can she stay in the US before Oct 1st if her H1 is approved? I am pretty sure her H1B will get approved.
   1. The concern is once I convert to H1, she will lose L2 status. She will be out of status before Oct 1st.
   2. Or she can stay because she will get a new I94 after H1B approves? or something else?
2. If my company files an H4, I am worried if the H4 will override her H1 status.

Thanks

[Libra_14]

If my company doesn't file an H4 petition for her, can she stay in the US before Oct 1st if her H1 is approved? I am pretty sure her H1B will get approved.
1. The concern is once I convert to H1, she will lose L2 status. She will be out of status before Oct 1st.
2. Or she can stay because she will get a new I94 after H1B approves? or something else?

If she has valid I94, she can stay.
Best is you file for COS to H1 & along with that file for her COS for H4. Once her H1 is approved that COS will be in effect & she will move to H1.
Just an H1 approval doesn't give you any I94 - you'll need to get the approval with I94 in your hand before her I94 expiry.

If my company files an H4, I am worried if the H4 will override her H1 status.

No, it won't. One can have multiple non-immigrant visas at any time.