L1 Visa extension rejected can I apply L2 while in US itself

[sunnyking9002]

Case: My L1 Visa got rejected after RFE & my wife is on L1B visa and both of us are currently in US. Is there a way I can apply L2 visa for me from US itself without going back to India. Please assist.

[rahulmunjal]

i am also looking for this answer

i am also looking for this answer

[kabkaba]

When does your previous L1 I-94 expire? You can file I-539 to change status to L2 before the L1 I-94 expires (assuming you are maintaining L1 status by working for the L1 employer). L2 EAD can also be applied in the same envelope as I-539.

[sunnyking9002]

Thanks Kabkab, My I-94 already expired in Feb 2011 itself, awaiting the Visa extension status. Most of the recent ones are getting rejected. So I am assuming mine also will be same status. So since my I-94 is over, I have to go back to India and apply or I can still use the I-539 once visa get rejected?

[kabkaba]

If your extension of status is denied, you are already illegal starting from your I-94 date. You will not be able to get change of status to any other status and you need to leave the US. You need to consult an experienced attorney as you have been accruing illegal stay from I-94 date.

[sunnyking9002]

No, My visa is still under extension, expecting reply in another week. But my I-94 is expired. Once visa gets rejected, I will have to leave in 10 days. So I wanted to know whether I can apply for L2 in those 10 days without going to India.

[kabkaba]

I have already answered that. If extension of status is denied after I-94 expiry, one cannot change to any other status.