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L2 to H4 Transfer I94\Visa getting expired --- Need help

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  • L2 to H4 Transfer I94\Visa getting expired --- Need help

    I came to US in 2011 April on L1B visa along with my wife who as my dependent came here on L2 visa.
    This April I applied for change of my visa status from L1B to H1B which was approved by USCIS in July.
    When applying for my visa status change, my employer forgot to apply for my wife's change of status from L2 to H4.

    As soon as I got to know about it, I applied for my wife's visa status change on Oct 2nd. Our application was accepted by USCIS and we received a receipt number.
    My wife's visa/I94 is valid till Jan 20th 2014. It has been two months since we applied for her status change but the case is still in initial review.

    Below are my questions\concerns :
    Since we applied for the status change before her visa/I94 expiry (more than 90 days), can she continue to stay in US after her visa/i94 expiry in case there
    is no update from USCIS by then?

  • #2
    Originally posted by Skc View Post
    I came to US in 2011 April on L1B visa along with my wife who as my dependent came here on L2 visa.
    This April I applied for change of my visa status from L1B to H1B which was approved by USCIS in July.
    When applying for my visa status change, my employer forgot to apply for my wife's change of status from L2 to H4.

    As soon as I got to know about it, I applied for my wife's visa status change on Oct 2nd. Our application was accepted by USCIS and we received a receipt number.
    My wife's visa/I94 is valid till Jan 20th 2014. It has been two months since we applied for her status change but the case is still in initial review.

    Below are my questions\concerns :
    Since we applied for the status change before her visa/I94 expiry (more than 90 days), can she continue to stay in US after her visa/i94 expiry in case there
    is no update from USCIS by then?
    Yes she can continue to stay till she hears from USCIS or 240 Days from I-94 expiry.

    This is my opinion not legal advice.

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