H1 to H4 COS

USA L1, L2 Visa
1

I have question on H1 to H4 change of status filing. Me and my spouse are currently in H1 Visa. My spouse is thinking of converting to H4.

  1. If COS is filed along with my H1 extension in premium processing, is COS also be considered for premium processing?.

  2. My spouse’s H1 was valid till Dec,2015 and her extension/amendment was submitted and she is currently in receipt. So if COS for H4 approved first and then H1 extension gets approved, what will be her status?

2

  1. Not sure

  2. Her status will be H-1. Look-up “Last Action Rule” which states the eventual status is determined by the petition which is approved later. So if the person wants to remain on H-4, then H-1 extension should be withdrawn after H-4 COS has been approved.

Is the COS applicant’s I-94 expired? If so, then the situation may become more tricky as COS approval would depend upon H-1 extension approval.