Applying for L2 to H1B this year 2013

Hi Sir,

My wife is on L2 and his visa/EAD/i-94 is valid till oct 12,2013 and mine L1 visa/I-94 is valid till 0ct 12-2013.


I may apply for  L1 extension in the month of july2013 and she is planning to apply H1B this year.


Unfortunately,If my wife H1B petition is still in initial review stage till on sep/oct 2013.


Can she stay in US after OCT 12,2013 even if my L1 extension gets approve or can she again apply for L2 visa extension though her H1B petition is inprogress(initial review).


please suggest me on my above situation.




She can stay on the basis of her pending COS. However, a cleaner solution is that she applies for PP for her H-1 petition if the H-1 doesn’t get processed by July/Aug. This way she will know the decision of her H-1 by I-94 expiration date, and will give her enough time to file for L-2 extension and get added to your extension.