How to change spouse from H1b to H4 while applying for my H1b extension


#1

Hello Mr. Kumar,

I have been a frequent visitor to this site and you do a wonderful job of putting things in perspective. I greatly appreciate time and efforts by other members who kindly responding to queries.

I am currently on H1b and 6 years will expire on 05/19/2019. My I-140 is approved under EB1B category with priority date June 2018, so my employer (public university, non-profit) is currently working on my H1B extension. My wife is also on H1b (public university, non-profit) which will expire on 06/12/2019 and she will be terminated on the same day. She will only be using 3 years of H1b by then. The only option we have now after 06/12/19 is to change my my wife’s status from H1b to H4 and also file for H4-EAD on the grounds of my approved I-140. So here are my questions. While my employer is filing for my H1b extension can we file for my wife’s COS from H1b to H4. The only caveat is my H1b is expiring before hers and I don’t know how USCIS will look at her COS petition. Please advise based on your experience.

Our situation:

  1. My H1b (6 yrs) expires on 05/19/2019 and extension is currently being filed by my employer. My I-140 is approved with priority date of June 2018 under EB1B category.
  2. My wife’s H1b will end on 06/12/2019 (end of 3 years) and job will terminated on the same day

What we would like to do:

  1. Apply COS from H1b to H4 for my wife
  2. Apply H4-EAD for my wife

Thank you for your help!


#2

You can apply COS for your wife to H4 and EAd along with your H-1B. Make sure it is premium if she is willing to work immediately. She will be on H4 once approved, it may be before her H-1B expiry if premium.