L1B to H4 while I-94 extension is in RFE

[krampra]

My wife's L1B visa and I-94 expired in Dec 2012 and the company applied for her I-94 extension. Her case was moved to RFE in mid of Dec, 2012 and she has to respond to USCIS by Mar mid 2013.

My questions are

1. If my wife responds to her RFE and her extension gets rejected, how long can she stay in US after gets notified by USCIS?

2. If my wife does not respond to her RFE but in the interim period, before Mar mid 2013 can she apply for H4 (as I am in H1B currently) while her RFE is still pending with USCIS?

3. If she withdraws her LIB I-94 and then applies for her H4, she will be in out of status as both her Visa and I-94 have expired.

Can you please help me here as I have heard that 2 petitions cannot be filed with USCIS for the same applicant at one time?

[binoca82]

The best option seems to be to respond to RFE and wait for the decision, also upgrade to premium processing if possible. If arppvoed, good. If rejected, leave US as soon as you receive the rejection letter, get H4 stamped abroad and return to US.

If you are not responding to RFE, defintely it will get rejected. Since the I94 is already expired, I do not believe that she is eligible for a COS to H4.