H1B to H4 conversion when my wife has a pending I129 from USCIS

[Abhirup]

Hi

My wife is in H1B and has a pending location amendment i.e I129 with USCIS. I am thinking of a COS of her from H1B to H4 before her I 94 expires in June 2018.

My question is will the COS be successful, as her most recent I129(Location Amendment) is still pending with USCIS ? Her last approval I797 is also present which is valid till June 2018.

Any help will be appreciated

[shekar11#]

On 11/14/2017 at 8:49 AM, Abhirup said:

Hi

My wife is in H1B and has a pending location amendment i.e I129 with USCIS. I am thinking of a COS of her from H1B to H4 before her I 94 expires in June 2018.

My question is will the COS be successful, as her most recent I129(Location Amendment) is still pending with USCIS ? Her last approval I797 is also present which is valid till June 2018.

Any help will be appreciated

Be careful. If H-1 amendment is approved after COS she will back on H-1 again. Try to upgrade the amendment to premium first and then do the COS.

[Abhirup]

I dont think that is a possibility as her location amendment is pending for over 3 months and fresh COS is taking 9 months to get approved. But my question is can i go for a COS when her location amendment is pending ? And which I797 of her should i produce ? The approved I797 or the latest location amendment receipt ?