sp_0826 Posted August 11, 2011 Report Share Posted August 11, 2011 My 485 is pending and I'm working using my EAD. My new company recently applied for my H1B transfer and it's approved without the I-94. Questions: 1. My wife is on H1B and it expires next month and she didn't file her 485 yet (waiting for my PD to become current). Can we file her COS to H4 using my H1 approval which came without the I-94 ?? 2. Once we get her H4 approval, can we both go for stamping together ?? 3. Is there a timeframe involved for getting the stamping done for myself and/or my wife ?? Seniors, Please advise. Link to comment
pontevecchio Posted August 11, 2011 Report Share Posted August 11, 2011 1. NO 2. She cannot get into H4 status as of now. 3. You have no option except to go together and come back with the visas. She will go out of status if she overstays the H1 status. Link to comment
sp_0826 Posted August 12, 2011 Author Report Share Posted August 12, 2011 Thanks for your response. I also thought that filing my wife's COS based on my H1 approval without the I-94 was not possible. Consulted with an immigration lawyer yesterday for advice and she suggested that we could file her COS even when my 797 came without the I-94. This is surprising and now I'm confused. Link to comment
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