I was on L1B with my dependents on L2 since last year with I-94 valid till 2014. Last year my employer filled new H1 B petition for me but somehow applied nothing for my dependents.
Last week I got approval of H1B which also says my status is changed from L1 to H1 w.e.f from last week.
My questions are
1) Are my L2 dependents are out of status as of on today?
2) Can my employer now apply for Change of Status of L2 to H4 based on approved H1B petition and if yes, till the time we hear back from USICS, can my dependents stay in country legally on basis of current I-94 which is good through 2014.
2. Possible, but they need to do so IMMEDIATELY. No, your dependents cannot remain in the US on their current I-94s. They may only do so if their I-539 is filed immediately, and even then, it is risky.
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.
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