Me and my wife both have H1 visa with me having my approved i-140. My wife’s H1 extension has got an RFE with her 240 days expiring in August. My kid is dependent on her H1.
I am planning to have the H4 application ready for both of them and god forbid, if there is a denial, I will apply the H4 and EAD for my wife and kid on the day of denial to avoid any out of status days. This I have checked with an Attorney.
Can someone please let me know if I need to fill i539 or i539A for my wife(H1 to H4 COS) and kid(H4 to H4 Change of primary h1 holder)?