L1 to H4 COS

[gpk_reddy]

Hello,
I am working on L1 visa though a company and my spouse works on H1. My L1 I-94 is going to expire on Sep 15, 2012. I want to change my status to H4.

1) My question is, is there any time line to apply for COS? i.e like do i need to apply one month before my I-94 expiry or can I apply on the same day of my I-94 expiry?

2) Can I continue staying in US while my COS decision still pending with USCIS after my I-94 expiry?

Thanks.

[raghvi]

Ideally you should file it much before your I-94 expiry so that even if it gets rejected or delayed you can leave before the I-94 expiry. The other option would be to go out of US before I-94 expiry and file H4 while outside US, get H4 stamping and return back on H4. If you apply just near you I-94 expiry technically you can stay after your I-94 but in case the COS gets rejected all time spent after I-94 expiry is considered illegal. This is my opinion, do consult experts too.

[shervin143]

1) My question is, is there any time line to apply for COS? i.e like do i need to apply one month before my I-94 expiry or can I apply on the same day of my I-94 expiry?
>>> The documents for the COS should reach USCIS before your I-94 expiry date. It is advisable to file the COS is advance.

2) Can I continue staying in US while my COS decision still pending with USCIS after my I-94 expiry?
>>> Yes, you can. However, it is not advisable. The reason is explained in the previous reply.