When to file F2 to H4 COS, after My H1b approved? I didn't file with my H1b

USA H4 Visa
1

Hi,

Please need answer asap, Appreciate your help

My employer Filed my h1b for 2017 and I got my approval on Jan 25th. When they filed my h1b they forgot to file H4 for my wife.

They filed H4 last week, My question is, how much time do I have to file H4 after my H1b is approved.

Thanks

2

You can file H4 anytime, as long as she has valid H4 and maintained status

3

You need to file her h4 along with your H1b petition. As soon as your petition gets approved you will be no longer in F status so does F2. If you haven’t filed her COS i would strongly recommend to file it ASAP.

Just an FYI in some cases adjudicating officer (within his/her discretion to approve) might see this as an out-status petition and reject the COS. If at all they reject the COS petition your spouse will be accumulating more days of illegal stay. The way i see right now for processing COS petition its taking nearly 3-4 months so plan accordingly.

I know this because i was in the same boat as you, i had to send my wife back to India so that she doesn’t accumulate out of status days.

4

Thanks for the response.

We sent documents to the lawyer already, she is planned to send documents to DHS in next couple of days.

I guess it will reach USCIS by end of the week.

Thanks

5

Hi
I am in same situation rite now. My F2 visa is valid till Oct2019. My husband’s h1b approved in Jan19 with COS and we are applying for my COS now. that is after my husband’s h1b start date. Would it be considered? How many days are valid to apply for COS after h1b start date?

6

Hi mmjosh,
Did you find an answer to your question? I have the same situation.
Thanks.

7

Can you please tell me what happend to your case ?
I need suggestion on below situation , i would really appriciate if you responce
my wife came to USA on F2 when she came my H1 was in process, I received H1B RFE and we are planning to apply for premium processing, can in this duration we can apply for my wife’s H4 ?
if my wife is in USA and my H1B is approved, how many days she can stay here ? can we show like we already applied for H4 ?

8

can any of you share your experience of how you handled this situation later on?