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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

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Attorney answers 3


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.