Can I Stay in USA on H4 application filed with decision awaited

[jaimatadi]

Hi,

My wife is currently working for her employer on L1-A. Her L1-A extension had RFE. Her employer has responded to RFE and hopeful that RFE will be resolved.
If her RFE response does not go through, and her L1-A extension is rejected, she plans to stop working, file to transfer her status to H4 based on my H1.
After she files a request to transfer status to H4, while the USCIS decision on status change to H4 is awaited, can she continue to stay in USA?

Thanks.

[raghvi]

Hi,

My wife is currently working for her employer on L1-A. Her L1-A extension had RFE. Her employer has responded to RFE and hopeful that RFE will be resolved.
If her RFE response does not go through, and her L1-A extension is rejected, she plans to stop working, file to transfer her status to H4 based on my H1.
After she files a request to transfer status to H4, while the USCIS decision on status change to H4 is awaited, can she continue to stay in USA?

Thanks.

Has her L1A associated I-94 expired already? If not, when is it expiring?

[jaimatadi]

Can I Stay in USA on H4 application filed with decision awaited

Has her L1A associated I-94 expired already? If not, when is it expiring?

Yes, her I-94 has already expired.

[raghvi]

Yes, her I-94 has already expired.

In that case, if L1 extension is rejected then she would have to leave and file H4 outside US. One cannot file a COS with an expired I94.

This is my opinion not legal advice.