F2 to H4 Change of Status

[SarPul]

Hello,

I have a question regarding COS from F2 to H4.

I was on F1 and my h1b was picked last year (2020) but was approved only a month ago. I have dependents (my wife and child) who were on F2. I did not apply for their COS from F2 to H4 along with my H1B thinking I can apply for it after my H1B is approved and after I get the approval notice.  I applied for their COS on the 28th day after my H1B was approved and after I received the approval notice. But I recently gathered that H4 is also supposed to be filed with H1B and that I applied for COS when they are in fact Out of status. Will my wife and child be considered out of status and denied the COS? Kindly help me in answering my question. I do not wish my family to travel for stamping during the pandemic. 

[shekar11#]

On 4/7/2021 at 11:11 PM, SarPul said:

Hello,

I have a question regarding COS from F2 to H4.

I was on F1 and my h1b was picked last year (2020) but was approved only a month ago. I have dependents (my wife and child) who were on F2. I did not apply for their COS from F2 to H4 along with my H1B thinking I can apply for it after my H1B is approved and after I get the approval notice.  I applied for their COS on the 28th day after my H1B was approved and after I received the approval notice. But I recently gathered that H4 is also supposed to be filed with H1B and that I applied for COS when they are in fact Out of status. Will my wife and child be considered out of status and denied the COS? Kindly help me in answering my question. I do not wish my family to travel for stamping during the pandemic. 

Contact our employer's attorney and check. they will help you out.