F2 to H4 COS

[nani22b 0]

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.

[Boiler 45,837]

The first and perhaps obvious point is that the Company Lawyer deals with this. You have to be in status to change status but you end up land locked. H4 is pretty simple, mainly depends on you being married and have a valid H1b.

[nani22b 0]

Yes... but he only deals with my H1B, and they told me that I should file for H4 on my own. So my concern is H4 here. 

[geowrian 22,337]

None of his clients were ever married or had children?

[Minh nguyen227 0]

Hi ,

I have a similar situation, I just got H1B approve on 11/15/2019. My company didn't file F2 to H4 for my dependents. as I know, my F2 dependents also end on 11/15. There are few days out of status. Can I apply F2 to H4 COS now or they need to apply H4 visa from my home country. My dependents are living with me in US

 

Please help me ASAP. Thanks

Edited November 18, 2019 by Minh nguyen227

[aaron2020 11,651]

2 minutes ago, Minh nguyen227 said:

Hi ,

I have a similar situation, I just got H1B approve on 11/15/2019. My company didn't file F2 to H4 for my dependents. as I know, my F2 dependents also end on 11/15. There are few days out of status. Can I apply F2 to H4 COS now or they need to apply H4 visa from my home country. My dependents are living with me in US

 

Please help me ASAP. Thanks

Your dependents are out of status, so they can not file to adjust status.  

 

Your family needs to leave the US and file for H4 visas from home.  
 

The longer they stay in the US, the more days of unlawful presence they will accumulate.  If it's more than 180 days, they will incur bans which can prevent them from getting H4 visas. 

[nani22b 0]

8 hours ago, Minh nguyen227 said:

Hi ,

I have a similar situation, I just got H1B approve on 11/15/2019. My company didn't file F2 to H4 for my dependents. as I know, my F2 dependents also end on 11/15. There are few days out of status. Can I apply F2 to H4 COS now or they need to apply H4 visa from my home country. My dependents are living with me in US

 

Please help me ASAP. Thanks

 

Hello,

 

Yes, you can apply for COS from F2 to H4. But, the problem is, by the time you gather all documents, apply, and get your receipt notice your wife will be Out of status for at least 2 weeks, which will affect you when you go for stamping.

 

My advice is, please send her back asap and let her go for visa stamping in H4. Sooner she leaves US, safer it is.

 

Btw, I sent my wife to India on October 31 to avoid accumulating unlawful presence days (technically, we will get to know about H1 approval at least a week after the actual approval date. So the moment the cap gap period is over, your wife will be in danger of out of status.). A colleague of mine did the same this year, sent his wife in October last week.

Edited November 19, 2019 by nani22b

[aaron2020 11,651]

3 minutes ago, nani22b said:

 

Hello,

 

Yes, you can apply for COS from F2 to H4. But, the problem is, by the time you gather all documents, apply, and get your receipt notice your wife will be Out of status for at least 2 weeks, which will affect you when you go for stamping.

 

My advice is, please send her back asap and let her go for visa stamping in H4. Sooner she leaves US, safer it is.

 

Btw, I sent my wife to India on October 31 to avoid accumulating unlawful presence days (technically, we will get to know about H1 approval at least a week after the actual approval date. So the moment the cap gap period is over, your wife will be in danger of out of status.). A colleague of mine did the same this year, sent his wife in October last week.

You are wrong.

 

His family is already out of status.  It doesn't matter if it's one day or two weeks.  They can not file to adjust status from F2 to H4.  

[SusieQQQ 11,587]

From the official uscis guide:

 

https://www.uscis.gov/sites/default/files/USCIS/Resources/C2en.pdf

 

Can I get a change of status if my authorized stay in my current status has already expired?
If your status expired before you filed an application with USCIS to change your status, or if you have otherwise violated the terms of your status (such as by working without authorization), then you are “out of status.” If you fall out of status, we cannot change your status except in certain limited circumstances beyond your control. Staying longer than the period for which you were granted admission may also negatively affect your ability to obtain other benefits or to return to the United States later. If you fall out of status, we recommend that you leave the United States to limit the possible impact on your ability to come back to the United States in the future.