H4 Petition after H1B gets picked up in the lottery


mushal

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Hi,

I am with F-1 OPT status and it is valid till August 2018. My company is filing H1B petition this year. My wife is in the US with F-2 visa and her status will expire on August 2018 too. She is trying to get admission in a university; however, the final admission decision will not come before late May 2017. Can I apply for H4 for her if my H1B gets picked up? In another scenario, will she be out of status if my H1B gets approved as I applied earlier but her H4 is still pending? 

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If approved, your H1 would only start in October. Her COS to H4 can only be filed with a start date of October, because the H4 requires that you are in H1 status.

Since you would be in F1 until the H1 kicks in, she would be in F2 status until then. Having a pending H4 COS petition keeps her legal after your H1 starts.

 

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