Premium H1B application still pending with USCIS and 240 days are approaching - need to do COS to H4 for my wife - Queries


AnkitG

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Me and my wife employees of same company A and currently in US. My wife is a US hire but I am on deputation as I am India employee.

We have a complex situation over here that we would like to know what and how we can deal with.

Below are the details:

My wife is a US hire and her Visa extension was filed which was later upgraded to 'Premium'  (on Jan 12 2018 to be precise). Even after upgrading to premium we have NOT received any response from USCIS (not even RFE or anything else) on her visa status even after 27 calendar days. When contacted USCIS they told they stopped the clock on Jan 17 and officer need to review more and there is no deadline

Her last legal date on H1 status in US is Feb 25.

Her I94 Expiry Date was June 30 2017.

My Visa is also under extension and my I94 was expired on Sep 21 2017. So for now I don't have an end date until my extension is approved. I got to know that I should better change it to premium to get it approved so that I can change my wife's status from H1 to H4. So my visa has also been upgraded to premium so that I can easily do my wife's COS to H4

Questions:

  1. 1.Can I change my wife status from H1 to H4 even when the H1 petition filed which is still pending?
    1. If yes, what is the process so that she don't go out of status and have to travel back to India?
    2. Do we need to withdraw the filed H1 extension for which only 15 days are remaining?
    3. The above is under an impression that my visa is approved before her last day or it doesn't matter, I can still file COS for her even if my case is pending?
  2. Once we apply for status change - can she stay here only on the filing OR the H4 approval is required and she has to anyways travel to India until the approval?
  3. If my Visa is approved I am planning to apply EAD in parallel to H4 application - Can I do that even if her H1 petition is pending and I am applying for COS?
  4. What if we file for COS to H4 for her and then the H1 extension applied (currently pending and approaching 240 days) for her which is with USCIS is approved, what will be the different impacts or outcomes on H4 that was filed, H1 that got approved etc?
  5. Can the H4 be converted to H1 again based on above answers and how much time it takes to go back from H4 to H1B again?
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