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 do the COS ... getting a new visa stamp the next time you travel out of the US.
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I agree with my colleague. If you are currently maintaining L1 status and your wife is on H-1B, you can seek H-4.
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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 review your situation. Nothing in this post should be considered legal advice and no attorney-client relationship has been established.