F2 to H4 - please help

[jeelu441]

Hello, i am on CPT -F1, My H1 Approved on OCT 3- 2016, I forgot to apply my wife for COS F2 to H4 while filing my H1. Wife F2 VISA is valid till 2018, i am waiting to receive my i-797 form.

1) Can i Apply i-539 change of status form now ?
2) Since F1 is not valid now and wife is on F2, is she legal to stay? or she has to leave to India?

Please Suggest your valued points.

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[DesiOPT-FaceBook-Admin]

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[nehaec]

what you did then after ?

[jeelu441]

My Employer said we have 180 days to file COS form or to leave US, SO i am going to file COS next week and get receipt number, Ones we get receipt number then we shd be SAFE.

My Post is on OPT wall n FB, seems some is in same situation as mine, Trying to reach him the FB msg...


Rathod Dharmendra My case is same. My wife plans to go back as my attorney told her to leave the country and Aslam Jivani why did you tell that she can stay for 60 Days?
Like · Reply · 3 hrs
Jeelu Shaik
Jeelu Shaik can you check your inbox / msg
Like · Reply · 17 mins

what you did then after ?

[lisaanderson]

Hello, i am on CPT -F1, My H1 Approved on OCT 3- 2016, I forgot to apply my wife for COS F2 to H4 while filing my H1. Wife F2 VISA is valid till 2018, i am waiting to receive my i-797 form.

1) Can i Apply i-539 change of status form now ?
2) Since F1 is not valid now and wife is on F2, is she legal to stay? or she has to leave to India?

Please Suggest your valued points.

Since you are no longer in F-1 status, your wife is out of status. You can file the I-539, but your wife will need to explain in the letter that she is now out of status through no fault of her own (Nunc Pro Tunc). USCIS may or may not accept the argument. It’s always risky.
Safest thing to do is immediately leaving and going for H-4 stamping. You should speak with an attorney. If you decide to do the H-4 COS, get an attorney to do it.

[DesiOPT-FaceBook-Fan]

Hmmm... Since you are no more in f1 status and you h1 visa is approved... Your wife is no more in status... But as per the rule of f1 she will get 60 to depart or apply for cos... Please get the paper work well and file for h4 status...
Currently uscis is taking 8 to 9 months to process change of status... If she leaves the country before that your petition will be void... Dont delay this... Good luck

[DesiOPT-FaceBook-Fan]

What have you done then after

[DesiOPT-FaceBook-Fan]

My case is same. My wife plans to go back as my attorney told her to leave the country and why did you tell that she can stay for 60 Days?

[DesiOPT-FaceBook-Fan]

It is a out of Status situation for her.. apply for COS without any delays..

[jeelu441]

Hello All, Thanks for your Comments. My WIFE H4 VISA Approved. Now will she have problem at PORT OF ENTRY ? Will they ask about one week out of status ? my wife left usa on oct - 14th. Please suggest.

[jeelu441]

now she got her H4 visa Approved nov - 2nd 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]

Hi Jeelu441,

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.

[kancharla12]

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.

[jeelu441]

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.

No Issues at POA, one week out of status is no prblm at all and no issues in stamping.not mentioned in DS Good Luck.