L2 to H4 COS with expired I94

[Hidan01]

Hi,

I need assistance with H4 filing for my Son under follow circumstances:
1. He is on L2, current L2 approval expired on 2/15 and we have filed for his L2 extension along with my L1.
2. My L1 is approved but his L2 is still under process mobdro kodi
3. Due to unavoidable circumstances, I need to travel to India so we are planning to move him to H4 as my spouse’ dependent

I would like to know if it is allowed to file for change of status from L2 to H4 while L2 is expired and extension is in process. And will he be maintaining a legal status during this process.

Appreciate your help on this.

[rkk09]

Hi,
You can not file change of status while actual petition is pending. You have two ways.
1. You will need to wait for L2 Approval then file change of status.
2. Get H4 visa from foreign US consulate.. Once you get H4 visa, Please withdraw L2 Ext petition.
Thanks

[newacct]

I think it is possible to apply for a second EOS/COS when a first EOS/COS is pending, but the second one will depend on the first one eventually getting approved. If the first one is denied, then you must still leave the US immediately.