L2 Visa Issue - Need Advise

[zkazi]

Case Details.
I'm on Blanket L1B and my spouse is on L2.
Blanket petition valid indefinitely
I 129 S : expired on 27 November 2011
Visa : expired on 27 November 2011
I 94 : valid till June 2014

Spouse L2 :
Visa : expired on 27 November 2011
I 94 : expired on 27 November 2011

Situation:
My Employer filed my L1B extension (23rd November 2011) and my spouse L2 Extension - i539 (23rd November 2011) with my i-129. Although my extension was not required since i had valid i-94. My L1B got RFE and employer realized that i dont need extension because of Valid i94 and withdrawed my petition. My Spouse L2 Extension is still in Initial Review, My petition was withdrawen last week.

Questions:
1.) What happens to my spouse L2 Extension petition since my petition is withdrawen?
2.) Can i-539 filed previously be updated/corrected now for i-94?
3.) If my spouse L2 petition is rejected, from what date she will be out of status, from i-94 expiry or Date of Denial. I am trying to understand about 180 day and if Motion to reopen can be applied?
4.) Is it illegal to live while motion to reopen is in progress? What are chances of motion to reapply approval and what will be legal status of my wife?

Please advise

[shervin143]

1.) What happens to my spouse L2 Extension petition since my petition is withdrawen?
>>> Most likely it will get denied. The L2 can be extended only based on the primary L1 holders valid petition and not based on the primary L1 holder's I-94.

2.) Can i-539 filed previously be updated/corrected now for i-94?
>>> Not unless you file an extension or leave the country and return back on a valid L2 visa and a valid L1 approval notice.

3.) If my spouse L2 petition is rejected, from what date she will be out of status, from i-94 expiry or Date of Denial.
>>> Her stay in the country will be treated as illegal stay from her I-94 expiry date.

I am trying to understand about 180 day and if Motion to reopen can be applied?
>>> What 180 days? MTR can be filed. But on what grounds?

4.) Is it illegal to live while motion to reopen is in progress? What are chances of motion to reapply approval and what will be legal status of my wife?
>>> She can stay in U.S when the MTR is in progress. However, if the MTR also gets denied, then all the time spend in U.S after the I-94 expiry date will be treated as illegal stay. If the illegal stay is more than 180 days, she will get a 3 year ban. If the illegal stay is more than 365 days, she will get a 10 year automatic ban from entering U.S.

[zkazi]

L2 Extension

Thank You Shervin143
>>> What 180 days? MTR can be filed. But on what grounds?
I meant 180 days of illegal stay which you an
Its a L1B Petition valid indefinitely, I129 Expired.
Can MTR be requested on L1 Blanket Petition which is Valid indefinitely and i-94?

I read from I-539 instructions, either i94 or i129 is required so was thinking about MTR with i94

[shervin143]

I suggest you consult a good immigration attorney.