L2 to H4 COS for minor while I-94 is already expired

[[email protected]]

My wife is on H1b visa valid until October 2023.

Me and my son are on L1b and L2 respectively & are about to run out of 240 days grace period ( Last date being 17th April 2021). There is RFE on my case which is being worked upon.

• Is it possible to file for a COS for my son from L2 to H4, while the I-94 is expired but still within the 240 days grace period before I get a decision on my L1B
• If answer to above is Yes, if a H4 receipt is secured before 17-April-2021, will he be considered in status
. Can I also do the same for myself , applying COS from L1B to H4?

Appreciate your suggestion on this

[Libra_14]

Is it possible to file for a COS for my son from L2 to H4, while the I-94 is expired but still within the 240 days grace period before I get a decision on my L1B
If answer to above is Yes, if a H4 receipt is secured before 17-April-2021, will he be considered in status
Can I also do the same for myself , applying COS from L1B to H4?

Yes, for all questions.

[[email protected]]

Is there a possibility that in case L2 is denied ( by virtue of L1B getting denied), H4 application will still hold good and my son would not become out of status?

[Libra_14]

Is there a possibility that in case L2 is denied ( by virtue of L1B getting denied), H4 application will still hold good and my son would not become out of status?

As long as one of your application is pending, you won't be out of status. And the later application result will be the final result.

[[email protected]]

Thanks. A follow up question, can H4 be denied if L2 is denied ( essentially L1B is denied ) or it would be adjudicated basis approved H1B and not L1B

[Libra_14]

Thanks. A follow up question, can H4 be denied if L2 is denied ( essentially L1B is denied ) or it would be adjudicated basis approved H1B and not L1B

It all depends on the reason of denial, but otherwise both applications are independent & does not impact each other.

For example, if your H4 is denied because you have a criminal record, then most likely your L2 will also be denied.
But on the other hand, if H4 is denied, because H1 is out of status, then L2 won't have any impact.

Hope this clarifies.

[[email protected]]

I understood that. This is what I also got from someone

If you filed for the H-4, USCIS would likely first adjudicate the L-1A/L-2 extension requests. If eligibility for all exists, the L-1A/L-2s would be approved and then the H-4, placing you in H-4 status. If the L-1A/L-2 extension fails, the H-4 change of status couldn't be approved as it would be deemed untimely.

But i feel that since primary for H4 is my spouse with valid H1B, H4 should not be impacted by outcome of L1/L2

[Libra_14]

Certainly.