H4 COS application in pending status, can I apply for extension of H4 and H4-EAD


rg312

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I have a confusing situation with my visa. Hoping to get an answer here.

  • I was working on F-1 OPT valid till July 2019 with pending H1-B application. 
  • H1-B got rejected in September 2019
  • Application for Change of Status(COS) to H4 was filed, with spouse's H1-B visa being valid till January 20th, 2020
  • Spouse's H1-B extension got applied by the end of November (NOT in Premium Processing) and my COS application is still pending.

1. My question is, with my H4 COS application in pending status, can I still apply for extension of H4 and H4-EAD(spouse's i-140 is approved)?

2. If so, how would that work and what documents should I include in my extension application?

3. If not, what is my fastest possible option for H4 and H4-EAD?

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On 12/27/2019 at 4:17 PM, rg312 said:

I have a confusing situation with my visa. Hoping to get an answer here.

  • I was working on F-1 OPT valid till July 2019 with pending H1-B application. 
  • H1-B got rejected in September 2019
  • Application for Change of Status(COS) to H4 was filed, with spouse's H1-B visa being valid till January 20th, 2020
  • Spouse's H1-B extension got applied by the end of November (NOT in Premium Processing) and my COS application is still pending.

1. My question is, with my H4 COS application in pending status, can I still apply for extension of H4 and H4-EAD(spouse's i-140 is approved)?

2. If so, how would that work and what documents should I include in my extension application?

3. If not, what is my fastest possible option for H4 and H4-EAD?

1. You can apply.

2. You need to send copy of the COS receipt also.

3. No fastest way. Average wait time is 5-6 months.

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  • 1 year later...

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