Need urgent suggestion: H1 to H4 COS (+EAD) vs H4 counselor process


jjoba

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Posted

I need urgent suggestion / advice.. 

My H1b (6th year) is expiring on Nov 15. My wife is currently on H1 as well and hers is expiring on March'2018. She has her I-140 approved and her attorney just filed for her H1 extension (2 weeks ago). Now, I am thinking of converting from H1 to H4 as her dependent and applying for EAD. I understand there are two ways to get this: H1 to H4 COS and freshly applying for H4 @US Embassy. 

1. H1 to H4 COS: When i looked online, I saw that the processing time for H4 COS is around 4-5 months and on top of that getting EAD would add up further delay (to max a year H4COS + EAD?), especially with any changes that might happen by end of this year. 

2. H4 counselor process looks much faster (next appt date I could find was in Nov 15th in India). However, I have two concerns: First being, if it will be looked negatively by consulate / embassy when they see that my H1 just got over/ getting over, and I am trying to apply and come back as H4 dependent right away (well, I have my family here) . Second, since her current H1 is getting over in March (and extension is already filed), will the consulate will honor the extension process and give H4 visa for 3 years or will they give H4 only until March. If its the latter, once I come back to the US (on H4), can I apply for EAD immediately, and then apply for H4 extension or will that needs to be filed simultaneously?

3. I understand that generally when H1 extension is filed together with H4 , they both get processed together. Now my wife's extension was filed only 2 weeks ago, is there any way we can 'add' my H4 COS and EAD to her application (along with converting her process from regular to premium - currently its filled under regular)

 

Thanks in advance for your response,

 

Posted

The H4, like the H1 allows immigration intent, so there is no issue of getting an H4 after an H1.

The H4 visa would only be issued until the validity date of the current H1.

The consulate doesn't actually do any processing, all they need to see is the H1 approval notice and the marriage certificate.

 

Posted
13 hours ago, JoeF said:

The H4 visa would only be issued until the validity date of the current H1.

 

So this means, when I get a h4 at consulate, they will issue the validity only until March'18, even though her h1 extension is under processing, unless her h1 extension gets approved before my appt at the consulate. Correct?

13 hours ago, JoeF said:

The consulate doesn't actually do any processing, all they need to see is the H1 approval notice and the marriage certificate.

 

Does it mean, I need to get any other approval from USCIS ? or do I just walk in to the consulate (after setting up an appointment) with these docs  , and they take my passport for stamping?

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