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 ?
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!
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