When to apply for H4 ?

[gandalf_gray]

Hello All,

My wife's H1B will expire around Oct 2018 and H1B extension beyond that is not possible.

I am on H1B. When should we being to apply for her H4 petition, to ensure she can continue to stay in the US ?

 

Thanks

[pontevecchio]

Have her file for COS in September.

[gandalf_gray]

Thank you for your reply.

1. In general, is the processing time for COS similar to a new petition or change of employer etc., ?
2. With only the filing the COS acknowledgement, is it legal to continue staying in the country ?

[pontevecchio]

H4 is NOT a petition. H4 does not involve a petition. She will be applying to change status from H1 to H4 on form I-539. Once she has a timely filed H4 COS application on file before the H1 I94 expires, she can stay for the months it takes to convert to H4 status. A much easier way is to leave and return with the H4 visa.