H4 COS along with H1B renewal

[BGeorge]

My spouse's PERM was filed in Nov 2022. Hoping to get an approval by Sept - Oct '23. At the same time - 6 years are coming up on the h1b - next Mar'24. We'd be eligible to file for an extension 6 months in advance -  Oct'23 itself.
1. Is it possible to file for F1 to H4(COS) and H4-EAD along with my spouse’s H1B renewal -  premium processing and hope to receive the H4+H4EAD in 15/30 days? ( I'm aware it's possible in case of H4 renewal but what about COS? )
2. How about applying for a COS (f1- h4) after i485 (AOS) is filed? Would that work?

[Attorney_14]

Generally, with an approved PERM, and individual in H1B status can extend beyond the 6 years of allotted time in H1B in 1 year increments. If an individual has an I-140 approved, they can extend in 3 year increments beyond the 6 years of allotted time in H1B.

Usually, an individual can apply for an H-4 COS concurrently with an H1B extension. However, the H1B holder must have an approved I-140 in order for the H-4 spouse to be eligible for an H-4 EAD.

Given that you have a fairly complicated situation, you might want to schedule a consult with one of our attorneys to get more specific information.

[BGeorge]

Current state, with premium processing available, if we were to file for F1 to H4 COS & H4 EAD concurrently with H1B Extension, can we expect the COS and H4EAD to approved in 15- 30 days as well? Are there risks of it being extended for longer? 

[Attorney_13]

Pursuant to a recent settlement agreement, USCIS has agreed to process concurrently filed H4/EAD applications along with the H1B Petition filed in premium processing. In practice, this is generally occurring, but there are a few instances where USCIS is not adjudicating the H4/EAD along with the H1B. In those situations, we are generally seeing the H4/EAD being adjudicated 1-2 weeks later, although there is no guarantee. Please note that the end date on the H4 and EAD should match the H1B approval.