Looking for an urgent suggestion on my situation.
My spouse is on L1 with his extension recently approved. My L2 visa is under extension and I am still awaiting decision from USCIS on that case. Meanwhile my spouse(primary applicant) had a COS from L1 to H1B. His H1B is currently approved and effective from OCT 01 which means his L1 will become void starting that day. The problem is, his employer did not agree to file my COS from L2 to H4 mentioning that my L2 approval is needed first in order to file the COS petition for me. This means starting OCT 01, my L2 will be void, nor will I have a pending H4 application, so I will not have a valid visa/justification to stay in US and will have to travel back to my home country. With the current consulate closures I am not even sure if I can get a stamping appointment sooner.
I was hoping to get an understanding if this rule of not applying for my H4 until L2 approval is received, could be my spouse’s employer’s internal rule or USCIS rule. This will help us push the case with my spouse’s employer further.
Thanks in advance !