Asked over 1 year ago - Minneapolis, MN

My L1B is expiring on sep 20th 2013. I filed my extension and it has landed in RFE. While my company will prepare the rfe response and file what if i get my rejection notice before sep 20th 2013. My wife is on H1 can i immediately file H4 with COS. Do you need valid I94 to apply for COS or in case the rfe response approval exceeds sep 20th 2013 then i believe i should leave immd. So pls suggest if i should wait for L1B extension to apply for H4 or not

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree

    Answered . To change a nonimmigrant status you must be in a valid nonimmigrant status on the day you file for the change.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . My wife is on H1 can i immediately file H4 with COS.
    You can try. It will be up to USCIS whether to grant it.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. F. J. Capriotti III

    Contributor Level 20

    Answered . Although you can clearly leave the US and apply for an H-4 ... filing a COS after a L extension denial probably won't be approved ... due to you not having valid L status on the day of your application.

    But, I could be wrong ... if you filed fast (withing the 'hidden' 10 day grace period of an L ending it might work ... quite a bit would depend on why the extension was denied and the exact language of the denial.

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

Related Topics


If you want to visit or move permanently to the US, you'll want to learn about your different immigration options.

US visas

There are many types of immigrant and non-immigrant visas, including work visas, student visas, and marriage visas.

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

Get free answers from experienced attorneys.


Ask now

26,511 answers this week

3,269 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,511 answers this week

3,269 attorneys answering