F2 - H4 change of status not yet approved

[Shankar P]

Hi,

My H1b was approved on August 21st 2019 with change of status from F1 to H1b I got I797A, and during that time I was on my second masters, I joined second masters on 24 June 2019 while my H1b was in processing, since my H1b got approved I asked my university to terminate my F1 and my wifes F2 and took educational break as I am planning to continue second masters may be after 2 years or so, and my employer applied for my wife's COS from F2 to H4 when they filed my H1b in April 2019 itself, and she got the USCIS letter for her COS application and asking her to go for Biometric and finger printing in one of the USCIS office, that she already completed but still her COS not approved. I have below questions.

1. Since our F1 and F2 was terminated by college as I requested to take a break from 2nd masters since my H1b is approved but my wife's COS is not yet approved what is her legal status now.

2. How long does it take for COS from F2 to h4 as it was filed in April when we filed for H1b

3. Is she fine with Pending status of COS I-539, if so how long as her F1 visa will expire on 20 August 2019.

4. Can she go to india for H4 stamping while her COS is still pending, if so then what will happen to her COS here.

[shekar11#]

19 hours ago, Shankar P said:

Hi,

My H1b was approved on August 21st 2019 with change of status from F1 to H1b I got I797A, and during that time I was on my second masters, I joined second masters on 24 June 2019 while my H1b was in processing, since my H1b got approved I asked my university to terminate my F1 and my wifes F2 and took educational break as I am planning to continue second masters may be after 2 years or so, and my employer applied for my wife's COS from F2 to H4 when they filed my H1b in April 2019 itself, and she got the USCIS letter for her COS application and asking her to go for Biometric and finger printing in one of the USCIS office, that she already completed but still her COS not approved. I have below questions.

1. Since our F1 and F2 was terminated by college as I requested to take a break from 2nd masters since my H1b is approved but my wife's COS is not yet approved what is her legal status now.

2. How long does it take for COS from F2 to h4 as it was filed in April when we filed for H1b

3. Is she fine with Pending status of COS I-539, if so how long as her F1 visa will expire on 20 August 2019.

4. Can she go to india for H4 stamping while her COS is still pending, if so then what will happen to her COS here.

1. She can stay based on her receipt. Also she gave bio metrics which proves her case is moving forward.

2. Should be anywhere from 6 to 9 months.

3. Yes, she can stay based on a pending application with USCIS. Does not have anything to do with visa.

4.  Yes, she can. It will be voided, without any harm.

[Shankar P]

Thank you very much