Is it possible transfer L2 to H4 without leaving US?

[Surya1988]

I'm working in company A with L1B right now, I've got H1B approved with i797B (Consulate processing) from B, which means I need to go back to home country to get H1B visa stamp and re-enter US to active my H1B. My wife hold L2 right now (valid till 2018) and she is going to due very soon. My lawyer said she need to go back with me to get H4 visa stamp, but we really don't want her travel recently.

My questions are:
1. Will it possible for her transfer from L2 to H4 without leaving US?
2. I want to file I-539 to do the transfer, if I get my H1B active during the process of her transfer, will she still legal stay in US, like stay in US before get a result? Will she still able to get H4 stamp from consulate out of country if I-539 denied?

Thanks for any advise.

[raghvi]

I'm working in company A with L1B right now, I've got H1B approved with i797B (Consulate processing) from B, which means I need to go back to home country to get H1B visa stamp and re-enter US to active my H1B. My wife hold L2 right now (valid till 2018) and she is going to due very soon. My lawyer said she need to go back with me to get H4 visa stamp, but we really don't want her travel recently.

My questions are:
1. Will it possible for her transfer from L2 to H4 without leaving US?
2. I want to file I-539 to do the transfer, if I get my H1B active during the process of her transfer, will she still legal stay in US, like stay in US before get a result? Will she still able to get H4 stamp from consulate out of country if I-539 denied?

Thanks for any advise.

Her status is tied to yours, so if you are not in US, she is also not having a valid status, hence it would not be possible for her to move from L2 to H4 without leaving US.

This is my opinion not legal advice.

[Surya1988]

Her status is tied to yours, so if you are not in US, she is also not having a valid status, hence it would not be possible for her to move from L2 to H4 without leaving US.

This is my opinion not legal advice.

When I still in company A, shouldn't be active for my L1B though I'm not in US for a few weeks? I'm thinking file I-539 right now and put a date like 01/20/2017 in the file, and make an appointment at 01/15/2017, once get the visa back to US immediately. So there is no gap for her. Will it work?