COS from L1A to H4

USA L1, L2 Visa
1

At the time of H-4 application for COS (I-539) I have valid L1A status. However, my L-1A would end in Mid March 2017 (I’m on my 2nd extension , 7th year, so no more extension on L1).

What happens, if-

  1. I want to resign my job, say by end of Dec. 2016? since My H-4 would not be in premium processing so consider 3-6 month for getting H-4 COS approval. So questions is can I resign before I get an approval

  2. If USCIS is still adjudicating (making the decision) on my COS by mid-March can I stay legally inside US? Let me be clear on this issue, say My L1 will end on March10th 2017 and I do not have USCIS approval for H4 Until say March 31st, 2017, will this stay from March 11th Thru March 31 consider as legally eligible to stay (based on unfinalized H-4 petition)

2

  1. You can. Thing to watch out for is COS denial. In that case you would have to leave US and return on stamped H4 visa.

  2. You can stay for up to 240 days after I94 expiration date, based on pending COS. However if COS is denied then you have to leave US immediately.