Allowed to apply B2 when L2 under extension or move out of country?

[Waitingforevercali]

Hi,

Here Is my situation:
My L2 extension application is pending with USCIS since APRIL-2021.
My spouse(primary applicant) had a COS from L1 to H1B this year. His H1B is approved and he will be under H1B starting OCT 01 making his L1 void.
Since his L1 will be void, starting OCT 01 2021, my L2 will also be void.
My spouse's employer did not agree to apply for my COS from L2 to H4 for now as they mentioned they need my L2 decision form USCIS first.

Hence starting OCT 01, I will neither have L2, nor any pending application for H4. So I am asked by my spouse's employer to travel back to my home country.

My question: Can I apply for B2 visa when I am currently in US so that I can stay beyond OCT 01 in US until I get my L2 decision and my H4 can be applied? Or is traveling back to my home country the only way out?

Thanks in advance for your response!

[rkk09]

Hi,
Please see my response below.
My question: Can I apply for B2 visa when I am currently in US so that I can stay beyond OCT 01 in US until I get my L2 decision and my H4 can be applied? Or is traveling back to my home country the only way out?
Answer: Instead of applying for B1 change of status, you can directly file H4 change of status. B1 change of status will not make any help at this time for you. Better travel outside, get H4 visa at consulate/ embassy then travel back to the country. Once reach the USA, Please withdraw L2 petition.
But Please make sure, everything must be taken care before Oct 01.
Thanks

[joeybalboa]

Hi,
Please see my response below.
My question: Can I apply for B2 visa when I am currently in US so that I can stay beyond OCT 01 in US until I get my L2 decision and my H4 can be applied? Or is traveling back to my home country the only way out?
Answer: Instead of applying for B1 change of status, you can directly file H4 change of status. B1 change of status will not make any help at this time for you. Better travel outside, get H4 visa at consulate/ embassy then travel back to the country. Once reach the USA, Please withdraw L2 petition.
But Please make sure, everything must be taken care before Oct 01. snaptube vidmate
Thanks

Thanks for the knowledge

[newacct]

You can apply for Change of Status to H4 yourself. Your spouse's employer does not need to be involved.