L1B to H4

[mrcoolbuddy]

Hi All,

I am currently on L1B and applied for L1B extension which is in RFE stage. My I-94 expired on Sep 29 2012. My spouse is on H1B visa. Can I apply for H4 dependent visa now, I am checking because my I94 has expired.

And also can I apply after my L1B extension is denied, if at all that happens? Is this at all possible?

Thanks,
Cool

[immihelp]

1. Yes.
2. No.

[binoca82]

I think it is better to wait for the decision on L1 extension. Also, since your I94 is already expired, I think we can't apply for COS to H4 in US now.
If your extension was applied before current I94 expiry, your stay is valid and can continue to work until the decision comes.
If it gets rejected, you need to leave US immediately, then apply for L1/H4 abroad.
Please note that H4 is not allowed to work in US as per the current immigration rules.