COS H4 to F1 Applied but H4 is expiring

[krishna.ck]

Hi,

 

I have applied COS H4 to F1 on August 26th 2014 for my Wife.

 

Her H4 I94 is valid till Oct 11th 2014. 

 

As COS H4 to F1 takes minimum 3 months and my Wife's H4 is expiring in Oct 2014, Should I ask My Employer to extend her H4?.

 

I heard we have 240 days of buffer time if we apply for extension or COS. Is this Correct.

 

Regards.

[jairichi]

No need to apply for H4 extension when her COS petition is pending with USCIS.

[itsmeusa]

Pending COS application would give your wife automatic stay until the decision is made.

 

That 240 days rule is for H1b extension / renewal cases wherein such an H1b beneficiary gets 240 days (beyond the expiry of his I-94) to work and stay. If not approved in 240 days, then he gets to stay until the decision is made, but not work after 240 days beyond the expiry of his I-94. 

[krishna.ck]

Hi,

 

Thank You for your response.

 

I am expecting COS H4 to F1 to be approved by November 25th 2014, If every thing goes fine.

 

Unfortunately, If COS is not approved, My employer just needs to file an H4 extension for my wife or My wife needs to go out to get H4 stamped (My Wife I-94 is Valid till Oct 11 2014)?.

 

Regards.

[jairichi]

Hi,

 

Thank You for your response.

 

I am expecting COS H4 to F1 to be approved by November 25th 2014, If every thing goes fine.

 

Unfortunately, If COS is not approved, My employer just needs to file an H4 extension for my wife or My wife needs to go out to get H4 stamped (My Wife I-94 is Valid till Oct 11 2014)?.

 

Regards.

If her COS petition is denied after her I94 expiry then she will need to exit and enter US with a valid H4 visa and a copy of your I797. If COS is denied before her I94 expiry she can apply for an extension of H4 status in US.

[krishna.ck]

Hi,

 

If Her COS is denied, by that time, I will be on H1b extension and even I can not travel out side.

 

Shall I simultaneously apply for her H4 extension so that though her COS is approved, again she converts to H4.

 

Once every thing is settled, I will apply for COS again.

 

Now doubt is, Can there be 2 receipts again. One is COS and other one is H4 extension?.

 

Regards.

[krishna.ck]

Hi,

 

We have withdrawn I539 Change Of Status H4 to F1 as we need extend my Wife H4. Any idea how many days it will take for USCIS to withdraw I-539.

 

rEGARDS.

[jairichi]

USCIS might withdraw or will proceed with it. No timeline.

[krishna.ck]

Hi,

 

My husband's employer's Attorney is telling that Its Ok, If we have 2 petitions (COS-H4 to F1 and H4 Extension) at the same time. 

 

The request goes first will be approved first.

 

Any advises on this.

 

Regards.

[jairichi]

Hi,

 

My husband's employer's Attorney is telling that Its Ok, If we have 2 petitions (COS-H4 to F1 and H4 Extension) at the same time. 

 

The request goes first will be approved first.

 

Any advises on this.

 

Regards.

Attorney has given you information that you needed. 

[yakkoo86]

Hi Krishna, 

 

Did you get the receipt number for change of status application ? Did you apply online or sent through courier?