H1 approved but h4 not applied yet and I94 valid from L2


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Hi, my case confusing me...

Can someone please help.

My L1 got rejected April 2014 but I continue in US as I have valid I94 till 2016 and same for my wife who is here on L2.

In this duration My employer applied my H1 as change of status and got the approval on 20 sep 2014. But we have not applied for H4 as of now for my wife.

My question -

1) can my wife stay on her I94 after 1st Oct as My status will be H1 and she does not have h4.

2) does she need to leave US before 1st October, and applied h4 from home country.

3) if she stay and we apply for h4 after 1st October then is it fine? Or does it create issue at the time of stamping.

Please advice.


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File her COS from L2 to H4 today based on your H1 approval.

Do we need to file it before 1st Oct ? I am not sure if my employer will be able file this on or before 1st Oct.


Is it fine if we get delay by 2-3 days ? Will it be a out of status case for my wife and cause problem at the time of stamping.


Please advise.


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