H4 during L1A extension with RFE

[arokia.punitha]

My company has applied for L1A extension before my visa and i94 expiry (09/27/12). I got RFE on my extension now. I am 31 weeks pregnant now and the doctor has advised not to travel now.

I am checking the possibility to stay here till my delivery. Is it possible for me to convert my status to H4. Pls. help me with the possibilities.

[Attorney_23]

In general, a change of status petition must be filed prior to the foreign national's status expiring.

[arokia.punitha]

Could you pls help me to understand the state better. Do you mean I can still apply for H4 before i get any denial? Or the conversion is not possible as the I94 is already expired. Pls. let me know. Thanks!

[Attorney_23]

If a petition to extend status is timely filed, that individual with generally remain in a period of authorized stay after the I94 expires while the petition is pending. Authorized stay is not the same as being in status. (Once the I94 expires, the foreign national generally falls out of status, but is permitted to remain in the U.S. pursuant to the authorized stay.)