Can I apply for H4 COS from US when my visa is expired in July 2012 and i94 active until March 2013 ?

Asked over 1 year ago - Arlington Heights, IL

My L1 Visa got expired on 29-JULY-2012 and my I-94 expires on March 7th 2013. My Wife is currently on H1 Visa since Oct 2012. I'm planning to apply for H4 now. Can I apply for H4 COS ? from US, not sure as my visa got expired already but my I-94 is active or should I go back to my home country to get H4 ?

I was told that my I-129S expired in July 2012 and the visa PED date was also listed as July 2012, and in future, it might affect my Green Card processing if I apply for H4 COS now, Is that true ? will that have any effect on my GC processing ?

Attorney answers (3)

  1. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Yes, you can do the COS ... getting a new visa stamp the next time you travel out of the US.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . I agree with my colleague. If you are currently maintaining L1 status and your wife is on H-1B, you can seek H-4.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more
  3. Mark J Curley

    Pro

    Contributor Level 8

    1

    Lawyer agrees

    Answered . Yes, you can apply for COS. The expiration of your visa is not relevant because the visa needs to be valid only at the time of entry. Your I-94 form determines how long you can remain in the US legally. You are currently in status so you can apply for a COS.

    As your green card application, you do not need to be employed by the petitioner until your green card is approved. So a COS to H-4 will not affect the application unless the employer withdraws it. Good luck!

    You should consult with an experienced immigration attorney, whether myself or one of my colleagues, to thoroughly... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,094 answers this week

3,127 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,094 answers this week

3,127 attorneys answering