How long should I wait to file H4 to H1 COS

USA H1B Visa
1

Hi Saurabh,
MY situation is mentioned below, Could you please help me on this?
I was on OPT in 2012 and filed H1B. But due to RFEs it took over an year to get the decision.
After my OPT cap gap was over in OCT 2012, I tranfered to new university and was working on CPT.
In May 2013, I got an approval on my H1B without COS, so had to go back to home country for stamping.
Now I am stuck here due to Administrative Processing. It is more than a month I have not heard any decision. I am not sure how long it will take to provide the decision.

At the mean time, can I apply for H4, as my wife is working on H1B. The another problem is her I94 is expiring in September and her company is going to file extension soon. Is it ok to go for H4 stamping now, or should I wait till her extension decision. Why I am planning to go for H4 now is because we are expecting baby in October and she is having hard time to stay alone.

If I get H4 stamping and come to US, how long should I wait before filing COS from H4 to H1 OR filing new H1B on cap exempt?

Please suggest me what would be my options?

Thanks in advance!

2

If her H-1 extension is filed in normal processing, then it may take 2-3 months to arrive. In this case, you can go for H-4 stamping now and travel to US on H-4. Her employer can then file for your H-4 extension along w/ her H-1 extension.

As for COS to H-1, it may be better to wait for at least 30-60 days before filing the COS. There is a general 30-60-90 guideline - chances of denial are highest when filed within 30 days of entering US and least after 90 days.

3

Thanks Saurabh for the prompt answer.

After coming to US, if another employer is ready to file new H1B with cap exempt then also I have to wait for 30-60 days?
Can we file H1B in cap exempt while H1B stamping is still in AP?

Thanks!