F2 to H4 COS

nani22b

New Member
Hello,

I am on F1 visa right now. My spouse is on F2 and my H1B is pending and we didn't file for H4 along with H1B. I have applied for my OPT STEM extension on 04th July (which is still pending), My OPT expired on 05th August. Right now, both the applications are in pending. I got an RFE for my H1B, which has been addressed the last week.
If it is approved before 30th Sept, I think I can apply for COS from here. but if it approve after Oct 1st, she will be OOO from the day of my H1B approval. Correct me if I am wrong.

1) If H1B is approved after October 1st, will she be out of status from the approval date? or any grace period before I apply for H4 (COS) from here.

2) If H1B is approved before next week, I think I am good to apply for COS for her from here. Does the application need to be reached USCIS by Oct 1st?

Can someone help me finding the required documents for COS (I couldn't find any list on USCIS for this purpose and my spouse's employer won't help with this process as we have to do it on our own)

3) If She has to leave country and apply for H4 from India, again, can someone post the required documents to apply for H4 visa in India

Thanks in Advance.
 

whitemimauz3

Registered Users (C)
You can file for your wife's change of status from F2 to H4 while she being in US. File immediately as you get your H-1B approval notice & this not necessarily has to be fore Oct 1st. What if USCIS approves your H-1B after Oct 1st.
 

nani22b

New Member
You can file for your wife's change of status from F2 to H4 while she being in US. File immediately as you get your H-1B approval notice & this not necessarily has to be fore Oct 1st. What if USCIS approves your H-1B after Oct 1st.

If it is approved after October 1st (which will be the most likely case here), isn't she out of status from the date of approval?
 

whitemimauz3

Registered Users (C)
F2 is tied up to F1. Now if F1 has moved to some other status, very soon F2 will also follow. Actually you should have filed change of status for also along with F1 to H1B.
 

nelsona

Registered Users (C)
You can always file the I-539 now, so that it will be approved based on the H1-B petition (copy of your I-1209 action notice, copy of marriage cert, passport, and her current I-94. She is in valid F2 right now, so there would be no issue filing I-539. Once H1 is approved, she really isn't in F2 anymore, so there is a risk of denial. as mauz said, I-539 should have been filed with I-129, but there is no harm filing it sometime after, but I would not wait for I-129 approval.
 
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