Can H4 Extension and Change of Status to F1 be filed in parallel?

[Rudra22]

Hi,

I am holding an H1 B  and my wife on H4. We are applying for extension next month.

 

At the same time my wife would be applying for a change of Status from H4 to F1.

 

Can the extension and change of Status be filed in parallel?

 

Will the extension filing be an issue for the application for Change of Status to F1?

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Hi,

I am holding an H1 B  and my wife on H4. We are applying for extension.

 

At the same time my wife would be applying for a change of Status from H4 to F1.

 

Can the extension and change of Status be filed in parallel?

 

Will the extension filing be an issue for the application for Change of Status to F1?

 

Please help.

[jairichi]

Do not complicate the issue. File an extension of status for you and a COS for your spouse.

[Rudra22]

Thanks a lot for the response jairichi.

 

If I do not file for an extension for my Wife and just file a COS, since the I-94 would already have expired by the time we get the decision on COS , in case there are any issues with the COS,  Does she need to go back to the Home Country immediately and file for a fresh H4?

[jairichi]

Thanks a lot for the response jairichi.

 

If I do not file for an extension for my Wife and just file a COS, since the I-94 would already have expired by the time we get the decision on COS , in case there are any issues with the COS,  Does she need to go back to the Home Country immediately and file for a fresh H4?

As long as decision is pending with USCIS on her COS from H4 to F1, an expiry of I94 should not be a worry as she would be considered in status due to this.