Help! for separate H4 issue

B

baedal

Registered Users (C)
Hi,
I got a job in the US during my OPT and got H1B1 this year. My wife also got her job with her OPT. I did not put her name for H4 when I requested my H1B1 because we decided to apply separate H1B1. However, she quit the job before she apply the visa. Her OPT expires the end of October (2 month left).
(1) what is her status after the expiration of OPT?
(2) shoud I ask my boss to issue my wife's H4 visa?
(3) In that case of (2), should I prepare all documents same as I prepared for my H1?
(4) What is the application fee for H4?
(5) How long does it take for the issuance of my wife's H4?

Thank you so much in advance for the help.
 
Apply for h4

You can apply for H4 for your spouse. I think U use I539. It takes 3-6+ months depending on service center. If you apply before expiry of OPT, she will be in status pending which is also a legal status. I would not wait for the 60 day grace period (available for OPT) before applying for h4.
See INS web site about I539 for more details.
 
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