Change of status for B2 visitor to L2 who is already in the US??

[JoejJiel1]

I work in the US on a L1B. My wife was working on a H1B until recently before she quit. She went to India on a 6 month break. Due to the prevailing covid situation US Consulates were closed in India and she wasn't able to obtain a L2 visa. So 10.0.0.0.1 re-entered the US on B2 with an approval to stay for 6 months. Her I94 expires on December 25, so she has to either leave the US & obtain L2 192.168.1.254 in India or without leaving the US apply for change status to L2. I'd like to know if COS from B2 to L2 is advisable or do I have any other options that doesn't involve traveling back to India? Traveling to India with an infant with the pandemic still raging is not ideal. Any help would be much appreciated.

On a side note, both my wife and I hold Canadian visitor visa and our son is a US citizen.

[rkk09]

Hi Member,

Please see my response below.

Her I94 expires on December 25, so she has to either leave the US & obtain L2 in India or without leaving the US apply for change status to L2. I'd like to know if COS from B2 to L2 is advisable or do I have any other options that doesn't involve traveling back to India? Traveling to India with an infant with the pandemic still raging is not ideal. Any help would be much appreciated.
Answer: Since her current I-94 got expired already, you should have filed either visitors visa extension or change of status petition before I-94 expires.. It is really advisable to file change of status petition in order to stay in the USA. Of course change of status petition adjudication will take longer time.. But, with the help of receipt notice, she can stay in the USA.

Please take action as soon as possible as you dont have any grace time to wait.

All the best.
Thanks