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Thread: F2 to H4(COS)

  1. #1

    F2 to H4(COS)

    My employer filed my H1B and it starts from October 1st 2018. My wife entered in to USA on f2 visa in April 2018, and her Change of Status to H4 has not been filed as of yet. As my h1b started from October 1st, is she was out of status now? Are we good if we file her COS today(10/06/18)? I was told by employer that there could be a grace period to file Change of Status, is he was right?

  2. #2
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  3. #3
    Unfortunately, Yes. She is out of status from October 1st, 2018. technically, you should apply for COS before current status expires. As you moved to h1 status from October 1st, her F-2 is invalid from that day. as she is already out of status. USCIS can reject application saying she is out of status at the time of filing. However, if you file i-539 application, as per adjudicator discretion, they can approve too. As it is a h4 visa, they can go easy too, but we never know. However, as per current scenario, i-539 applications takes anywhere from 6 to 9 months to get a result. Till that time, she will be out of status but will not accrue unlawful status as her I-94 says D/S(Duration of status).

    To avoid all above things and for a quick turn around, she can travel outside USA and comeback with a H4 Visa stamped in her home country.

    However, Its better to mention this on DS-160, while applying for VISA application upfront.

    Im not an attorney and this is just a suggestion. I have been through this same situation, hence wanted to share my experience.

  4. #4
    Thank you for response.

  5. #5
    Your message was posted anonymously on our https://www.facebook.com/desiopt1/posts/2406625036021518 on 8th October - Please review comments from other users

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