L1B to H4 COS to stay for couple of months more

[bp_ind]

Hello,

 

I am in L1B since Aug 2012 and my i-94 is expiring in the 1st week of August. My project is ending and my company wants me to come back. 

 

My spouse is on H1B, valid till Oct 2017. I want to continue to stay in US for couple more months (August and September). What options do i have? 

 

Can I apply for a COS from L1B to H4 before my I94 expires?

 

If I apply for a COS in mid July, it will take atleast 3 months. can i continue to stay until September with approval pending?

 

After I apply for COS, can i still continue to work on L1B until 1st week of August (until I94 expires)?

 

What happens to the COS case if I go back to my home country while approval is still pending? Will that affect any future visa approvals?

 

Any information on this is appreciated.

 

Thanks

[jairichi]

Yes, you can apply for COS to H4. You can work till I94 expiry date. If you petition is still pending for a decision once you exit US that petition is considered abandoned. No issue with future entry to US

[bp_ind]

hi jairichi,

 

thanks for the response.

 

Can i apply for the COS to H4 myself or my spouse' employer has to apply? what is the process?

 

Thanks!

[jairichi]

hi jairichi,

 

thanks for the response.

 

Can i apply for the COS to H4 myself or my spouse' employer has to apply? what is the process?

 

Thanks!

You can apply. Fill form I539 and send with supporting documents and fee to USCIS.