L2 to H4 conversion


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Hello 

I have applied for H1 earlier this year for me & my wife via COS. For me I got my H1 visa approved on Sep 31st and I received papers from USCIS on Mid Oct. Now for my wife she didn't get picked in lottery unfortunately. We got to know this only during late September after we got the refund. Hence we couldn't file for i539 together with my COS and had to file this separately for my wife.

Now my question is,

I am trying to file a i539 to switch my dependents status from L2 to H4. Is it possible to apply for this now being that we are in Nov last week or is it too late ? (Approval online came on Sep31st) and the petition start date is oct 3rd.

I have been told that my spouse would go into out of status, since the date my H1 is approved which is on sep 30 (technically I revived my docs i797 only in mid of oct) and they have to leave the country now to re-enter with stamping. Is this correct?

Pls advise if we can still apply for i539 and legally stay inside the country.

Also, what's the possibility for rejection of this petition.

 

 

 

 

 

 

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