L2 to H4 COS for minor while I-94 is already expired

USA H4 Visa
1

My wife is on H1b visa valid until October 2023.

Me and my son are on L1b and L2 respectively & are about to run out of 240 days grace period ( Last date being 17th April 2021). There is RFE on my case which is being worked upon.

• Is it possible to file for a COS for my son from L2 to H4, while the I-94 is expired but still within the 240 days grace period before I get a decision on my L1B
• If answer to above is Yes, if a H4 receipt is secured before 17-April-2021, will he be considered in status
. Can I also do the same for myself , applying COS from L1B to H4?

Appreciate your suggestion on this

2

You can file the COS application but the pending L2 extensions will become a bridge petition and USCIS will require their result first before approving H4.

3

Thanks for the reply

But won’t uscis be looking at the dependent h4 application in reference to approved h1 primary and not the pending l2?

Moreover the L2 240 days grace period are getting over in a months time , what happens in that case ?

Regards
VIkas