H1 without I-94, file COS to H4 for my wife ??


sp_0826

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My 485 is pending and I'm working using my EAD. My new company recently applied for my H1B transfer and it's approved without the I-94.

Questions:

1. My wife is on H1B and it expires next month

and she didn't file her 485 yet (waiting for

my PD to become current). Can we file her COS

to H4 using my H1 approval which came without

the I-94 ??

2. Once we get her H4 approval, can we both

go for stamping together ??

3. Is there a timeframe involved for getting the

stamping done for myself and/or my wife ??

Seniors, Please advise.

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Thanks for your response.

I also thought that filing my wife's COS based on my H1 approval without the I-94 was not possible. Consulted with an immigration lawyer yesterday for advice and she suggested that we could file her COS even when my 797 came without the I-94.

This is surprising and now I'm confused.

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