L1-B to H4 change of status Or responce to RFE

Hi ,

My L1-B was expired in Feb 2012( with same i-94 date) and have already filed for extension for which I have now got an RFE.

My husband is on H1-B. I am confused as to what should I do?

Should I reply to RFE and wait for the result which would be end of August 2012 OR right away file for H4.

I have few queries:

If my L1-B extension gets rejected, Can I file for COS to h4 from US only?

If I go to India and try to get H4, How much time it would take approximately? Will it be a problem to get H4 after my L1-B gets rejected?

In case I should apply for H4, when should i file? last date for the response of RFE is August 05 2012.


Thanks in advance.



 Well, you can only file COS when you are have un-expired I-94. 

If you L1B gets rejected, then you will have to leave US and then get H4 visa stamping from abroad and re-enter US, because you will be considered out of status from the day your I-94 expired, since the decision was rejected. 

It should not have impact as both are different visas. You can book a date and go for H4 visa stamping. 

To get H4, you will need to leave US and  get visa stamping from abroad. 


Read page 12 last question : [Change of Status document by USCIS ](http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/NonimmigrantServices.pdf)