F2 to H4 change

[mmk546]

Hello all,

Presently I am OPT STEM Extension and I got married last year. My wife came here on F-2 in Jan-2014 and she got visa stamping for 5 years.

My employer filed H1 for me this year(April) and I got approved last week. somehow we forgot to apply i-539 change of status to H4 for my wife with my H1 application. We are planning to apply by end of next week and hopefully the application reach USCIS by end of August.

when my status is changing to H-1 from OCT 1, as of I know her F-2 will expire on Sept 30. 2014.

Now my question is :

1) How long the USCIS will take to process my wife H-4 application?

2) If she did not get her H-4 approved by Oct 1, Can she stay in US with the receipt number we get from USCIS(hopefully we get receipt number in first week of September) ?

3) what are the options we have now considering my wife h-4 application will be under process till OCT 1?

I really appreciate any kind of suggestions!!

Thank you for you time and consideration.

Best regards,
MK!!

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1 2-3 months .
2 yes

[satish100in]

F2 to H4: Change of Status

Dear MK,

I'm in a similar situation as yours. Can you please let me know what happened in your case?
1) How long does it took in your case for the USCIS to process your wife's H-4 application?
2) Did USCIS approved her change of status from F2 to H4?

Best,

Satish

[mmk546]

Dear Satish,

Everthing went smoothly with my case. Her change of status got approved and even she got h4 visa stamped after few months when she went to india for vacation.

1) Uscis took around 45 to 60 days to process her h4. (Applied H4 arround Aug 28/29 and recieved Notice by sep 10)
2) Yes, she got approved(recieved approval on october 24).

[jeelu441]

My Wife was on f2 visa, my H1b got approved on OCT 7 2016. I got to know that my h1b approved on OCT 7, but my employer forgot to apply COS - change of status for my wife , from f2 visa to h4. I decided to apply COS but i haven't got my h1b approval I 797 form till then. I did some research and found no help online. i decided to send back my wife to India. she left USA on OCT-14-2016

Now my got her H4 visa Approved nov - 2- 2016.

my question is, since she is out of status for one week, will it be problem at PORT OF ENTRY. will they ask about one week out of status, can she give explanation, and also since her visa is now h4. will still they ask about f2 status questions.

[kancharla12]

My Wife was on f2 visa, my H1b got approved on OCT 7 2016. I got to know that my h1b approved on OCT 7, but my employer forgot to apply COS - change of status for my wife , from f2 visa to h4. I decided to apply COS but i haven't got my h1b approval I 797 form till then. I did some research and found no help online. i decided to send back my wife to India. she left USA on OCT-14-2016

Now my got her H4 visa Approved nov - 2- 2016.

my question is, since she is out of status for one week, will it be problem at PORT OF ENTRY. will they ask about one week out of status, can she give explanation, and also since her visa is now h4. will still they ask about f2 status questions.

I am in sane boat. My wife was out of status for a week. Will this cause any issue when she goes for Stamping at end of this month. Did you mention out of status in DS160? Is there a grace period.

Any issues at port of entry?

Krishna.

[Pavan09]

I am in sane boat. My wife was out of status for a week. Will this cause any issue when she goes for Stamping at end of this month. Did you mention out of status in DS160? Is there a grace period.

Any issues at port of entry?

Krishna.

Dear kancharla

Can you please share what kind of H4 visa interview question asked from VO for your wife? And she face any issue at port of entry?

Thank you

[mmjosh]

Hi MK,

I am in similar situation. Can you tell me the list of documents you submitted for your wife?
My husband's h1b got approved in Jan 2019 and his stem opt is valid till Oct 2019. I am on F2 visa staying in USA so can I start my COS/I539 process now?would it be considerd? or Am I too late? Is my presence in US is still valid?