Current status while L2 to H4 pending

Hi Anil,

Starting this month, my status changed from L1 to H1. The I-539 for COS L2 to H4 for my dependents is still pending. However, their current I-94 is still valid till next year. Now, I have to file for I-485. What should I choose for the status of my dependents? “L2” or “pending I-539 for H4”?

So, the underlying question is that when does their L2 status end?

  • Immediately with the beginning of my H1 (Oct 1st)
  • Or Whichever happens first of the two (a) the expiry of their I-94, (b) approval of their I-539

L2 status should have ended with your H1B status start date.

H4 dependent are in legal status as long as their i539 is pending.