F2 to H1B is in RFE and spouse's F1 to H1 approved

[Sathiya Kesavan]

Hi I need some urgent information in the following case.

1.    My status right now – F1 OPT extended till September 30th and H1 approved and active starting October 1.
2.    My wife also lives with me in US here. Her status is F2 dependent (valid till Sep 30th). She has her H1 in processing state filed by a different employer and it is in Request for Evidence stage.

3.    Can she stay in the country after Sep 30th without any issues?
4.    Let’s say worst case her H1 is denied, can I apply H4 immediately and can she stay in the country during that time?

[DollyKumari]

 

21 hours ago, Sathiya Kesavan said:

Hi I need some urgent information in the following case.

1.    My status right now – F1 OPT extended till September 30th and H1 approved and active starting October 1.
2.    My wife also lives with me in US here. Her status is F2 dependent (valid till Sep 30th). She has her H1 in processing state filed by a different employer and it is in Request for Evidence stage.

3.    Can she stay in the country after Sep 30th without any issues?
4.    Let’s say worst case her H1 is denied, can I apply H4 immediately and can she stay in the country during that time?

I am in similar situation. Can someone please reply?