L1 - H-4 COS processing time and 485

[naktanakta]

Hi,

My L visa is expiring in June of this year. I will be completing the maximum duration of stay and can't extend my L visa further. My spouse is on H-1. I-140 is approved and waiting for dates to be current.

I am planning to apply for H-4 and stay back for some time.

1) How soon should I apply for the H4 COS, if I have to work till June.

2) How long could it take for the COS approval?

3) If my spouse's priority date becomes current after my L visa is expired and before the H-4 is approved (while the COS is pending), will I still be able to adjust my status along with my spouse?

Please help. Thanks in advance.

[Attorney_25]

You may want to wait until close to the end of your L-1 time to send the COS request. Approval may take a few months (see USCIS website for processing times), but as long as you apply before I-94 expiration, COS approval will wipe out any time out of status. It is possible under some circumstances to file an I-485 while you are not technically in status; you will want to consult with a qualified immigration attorney to be sure you are eligibel.

[naktanakta]

You may want to wait until close to the end of your L-1 time to send the COS request. Approval may take a few months (see USCIS website for processing times), but as long as you apply before I-94 expiration, COS approval will wipe out any time out of status. It is possible under some circumstances to file an I-485 while you are not technically in status; you will want to consult with a qualified immigration attorney to be sure you are eligibel.

Thank you. Appreciate your response. Can I file COS on my own or should I contact an attorney for filing?