Applying for L2 Visa when H1B extension is pending

[immiquery07]

Currently I am in US and my H1B extension approval is pending. My spouse is also in US on L1. Is it possible that I can apply for L2 visa even before my H1B extension gets approved. If I do apply for L2, will my H1B extension still valid?

[shervin143]

It is not advisable to leave the country when the extension is pending with USCIS. Without leaving the country you cannot get the L2 visa. If you are asking about a COS from H1B to L2, then that is possible. However, your status will change as per the last received I-94. If L2 petition gets approved first and then the H1B petition, then you are in H1B status and you should be working for the H1B employer. If the L2 petition gets approved last, then you cannot work for the H1B employer.