L1B to H1 & L2 to H4 - Concerns

USA H1B Visa
1

I am currently in US on L1B through employer A. My L1 visa and I-94 is valid till 8 Sept 2013. Employer A will be submitting my H1 rwquest in April. My wife is on L2 visa and her I-94 is also till 8 sept 2013. I have few questions -

  1. Lets say, my approval for COS doesn’t comes by 8th sept, so can I and my wife stay in US after 8th sept, as my request is pending?

  2. Should I ask Employer A to apply for L2 to H4 COS for my wife at the same time?

2

  1. Only if her L-2 to H-4 COS has been filed along w/ your petition. In that case, her COS will also be pending and she can stay (for at most 240 days beyond I-94 expiration date). If her COS is not filed, then she cannot stay

  2. Definitely.

3

Thanks Saurabh… That really helps…