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royxp

Filing H4 for my wife along with my H1B petition

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Facts: I am on OPT and got selected for H1B. My wife lost her job on her H1B and need change of status to remain in US.

I was selected for H1B this year. Anyone knows if we can file change of status to H4 for my wife and H1B for me together? Or H4 for my wife has to be filed after my H1B is approved/starts? If we can't file COS to H4 for my wife and H1B petition for me together, should my wife file COS to F2 or B2 as a buffer before she can file COS to H4? There is a concern for COS to F2, since my F1 status will terminate and H1B will start on Oct 1st, her F2 status will terminate too and she will be out of status before she get her H4 approved.

Thank you!

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You can file for your H1 and H4 at the same time for you and your spouce, but it would start till Oct 1st. 

She will have 60 days find a job or she will have to file for an other status like B2 or F2.

Its better to talk with your attorney to discuss this in details. 

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