L2 to H4

[sammy22345]

My husband was with company A on L1 visa and his H1B got approved this year with company B and he started working on H1b from mid of december.

company B has just filled my H4 petition after mid of december 2013. I think I am no longer be on L2(Dependent) visa as my husband H1B gets approved.....but I have I94 valid till march 2014 which I got from my L2 visa.

I have not filed H4 with his H1 as I was not married to him when he filled his H1; can I apply for H4 later on as I did and stay in US. I m bit confused, I don't want to be out of status. Please help and please tell m the best approch. Thanks

[t75]

Your status was dependent on his. Your COS should have been filed with his.   You are out of status already.

[t75]

I should have added, you now are in a pending state.

[sammy22345]

What should I do....can you suggest something....

[sammy22345]

thanks for your reply. I know it should have been applied before Oct 1, but the company delayed it and filled it in the mid of Dec 2013 and till this date I have not received any no from USCIS through which I can track my status.

But what I think is that  i have valid I94 till 2014 of my L2 visa, so I am fine with my stay in US. As well as i have seen thread related to Nunc Pro Tunc, will it work in my case?? Do i need to go to Canada or India for visa processing....I dont wish to travel right now is there any other approach....Please suggest

[jairichi]

What should I do....can you suggest something....

Technically you are not on L2 from the day your husband's H1B got approved. Though you will be out of status for a few days from your spouse H1B approval date and COS to H4 receipt date. Since company B has filed your H4 application immediately after your spouse's H1B approval there should not be a problem.