Delay in H4 COS filling


Recommended Posts

Hi, I moved to H1 over an year ago (2016). My wife and child entered US in early 2016 as F2. My Attorney missed to inform or file  the COS (I-539) application after my H1 approval and even during its amendment. I was totally unaware of the COS process and just learnt it from a friend in May 2017 and filed a I-539 petition immediately as a NPT. However, there is a six-eight month wait time for the current processing time and by the time there is a decision on the I-539 filed my dependents would be out of status for more than an year. Is it advisable to wait till there is a decision on the I-539 petition or to have them go back to my home country and get visa stamped at a consulate? What are my chances in both the ways of approval or rejection and how might this impact my future immigration applications? My I-140 is currently under process with an RFE. Thank you for your responses.

Link to comment


This topic is now archived and is closed to further replies.