Missed to file H4 from L2 after my husbands H1B got approved

My self(L2 visa) and my husband(L1 visa) came to US on 4th April 2011. On 2012 he filed his H1B visa through different company and it got apporved on jan 18 2013. But the employer has missed to file H4 visa for me. For your information I was not working in L2 visa. His H1B payroll started at March 09 2013 and he asked his employer to file H4 visa for me, Now the company’s attorney is telling that its too late to file H4 visa for me now. Please suggest what is best thing we can do now.

Can I stay in US and get this done or whether I have travel back to India?

Appreciate for any response.

Thanks.

As soon as your husband’s visa was changed to H1, you should have been moved to H4 but since you didn’t apply, I guess you will have to move to India. Apply for H4 and you can come back. H4 can be applied anytime.

Please read my post and vote for the petition: http://redbus2us.com/qa/9659/please-vote-for-this-petition