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F1 to H4 COS

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Hi Everybody,


This year my employer filed for my H1b. Unfortunately it was not picked up in the lottery. I got my rejection notice dated 20th June. In the meantime, I had already applied for my COS to H4 (before the rejection notice date and expiration of my OPT EAD). My husband has approved I-140 and his company wants to file for his 7th year extension. My questions are as follows. 

1. Since I am on OPT grace period of 60 days. Will I be out of status if I don't get my COS approved within 60 days of my rejection notice? 

2. Can I file for H4 extension and EAD application along with my husband in premium? in that case will my COS also be approved? 

Waiting for your inputs/suggestions !

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1. Because you applied before current valid status expiry, you are good.

2. Though you can file together, it will be processed sequentially (as seen in recent H4 EAD cases)

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1. As long as COS is pending, you are considered legal because it was timely filed.

2. You can try, but the H4 extension will be contingent on approval of COS. They may or may not accept it. I would apply for H4 extension only and not the EAD. So that if it gets rejected you only lose the extension fees. If both are being paid by the employer, go ahead, there is no harm in trying.

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1. Since a COS to H4 was duly filed you are in status till it gets approved.

2. Yes, your spouse's employer can file your COS to H4 along with your spouse's H1B premium. But PP is available only after 27th July. 

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