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SEVIS Terminated & married to H1-B, Can I apply for H4 ?
- Thread starter mahia123
- Start date
Hi, my sevis is terminated and out of status right now, but i am married and my husband is on H1-B,
Am i eligible to apply for COS to H4? or do i need to apply for reinstatement first and then apply for COS to H4?
COS is only possible if you are in status. You may get an H4 approved, but most likely not a COS, so there won't be an I-94 attached to it.
First, don't rely on forums.so shall I apply reinstatement and get in status and then apply for H4 COS?
Second, reinstatement would take months, if possible at all.
Third, discuss your options with a good immigration lawyer.
shradha_123
Registered Users (C)
You can leave USA and go to your home country. Apply for H4 from your home country. That would be a safer bet.Hi, my sevis is terminated and out of status right now, but i am married and my husband is on H1-B,
Am i eligible to apply for COS to H4? or do i need to apply for reinstatement first and then apply for COS to H4?
You can apply for COS but it seems a little risky. There is provision for filing I-539 for people who go out of status. Read up the instructions for filing I-539. If you have gone out of status for reasons beyond your control and have never violated your status before you may be considered, at the discretion of immigration officer, for COS to H4. There are a couple of other criteria you have to meet to file I-539 COS even after you go out of status. Just read up the form filling instructions. It is available in USCIS website.
Good luck