L1B to H1B & L2 to H4 - Concerns

[221G_yellow_recipt_mumbai]

I am currently in US on L1B through employer A. My L1 visa and I-94 is valid till 8 Sept 2013. Employer A will be submitting my H1 rwquest in April. My wife is on L2 visa and her I-94 is also till 8 sept 2013. I have few questions -

1. Lets say, my approval for COS doesn't comes by 8th sept, so can I and my wife stay in US after 8th sept, as my request is pending?

2. Should I ask Employer A to apply for L2 to H4 COS for my wife at the same time?

[binoca82]

1. You can stay, but your wife can't, She can stay only if her extension of stay is applied before her I94 expiry.

2. When your status changes to H1, your wife must be on H4. If not, she is out of status. There is no L2 without L1. You can apply for her L2 to H4 COS along with your H1.

[Attorney_25]

This gap means you will not be approved for extension of stay and will need to consular process a visa. As such, no need to file COS for your wife as she only needs your I-797 to receive the H-4 visa. You may want to consult with a qualfiied immigration attorney regarding extending your L-1 or possibly moving into another temporary status to cover the gap.