H4 to H1

[fun2band@gmail.com]

Hi 

 

My wife h1b extension is going on and have received RFE for the same.We will be submitting all the doc by first week of oct.Her I-94 expires on 10 oct 2015.

 

In case of H1b denial after 10 oct 2015 , can we convert to H4.If we appeal can she still stay back.

 

What are the countries we can go for H4 stamping near California. she does not have h4.

 

 

Regards

RS

[jairichi]

What was RFE about?

She can try for applying COS to H4. If a MTR is filed for her H1B she cannot stay in US unless she filed for COS to H4.

[fun2band@gmail.com]

Hi 

 

The RFE is about Right to control.If we apply COS after 10 Oct , Can she stay in case RFE is denied after 10 oct.

 

Regards

RS

[jairichi]

Hi 

 

The RFE is about Right to control.If we apply COS after 10 Oct , Can she stay in case RFE is denied after 10 oct.

 

Regards

RS

A COS is possible only if applied before I94 expiry. If H1B petition is denied by end of October and if spouse's files a COS to H4 it might get denied as at the time of filing she was out of status.

[fun2band@gmail.com]

Hi

 

The biggest problem is she is pregnant and doc is advising against travel due to complications.Can we file for COS as soon as it is rejected with doctor letter.

 

Please advise as we desperately need advise on the way forward.

 

Regards

RS

[rahul412]

Hi

 

The biggest problem is she is pregnant and doc is advising against travel due to complications.Can we file for COS as soon as it is rejected with doctor letter.

 

Please advise as we desperately need advise on the way forward.

 

Regards

RS

Why are you taking the risk by not filing COS now? What's the need of H1 ext at this time?

[jairichi]

Hi

 

The biggest problem is she is pregnant and doc is advising against travel due to complications.Can we file for COS as soon as it is rejected with doctor letter.

 

Please advise as we desperately need advise on the way forward.

 

Regards

RS

Can try. Why don't you talk to an attorney?