H4 Extension

[Samir]

Hello Mr. Shah,

I do make a point to tune into your radio show every week, and want to thank you for how it has helped me to learn a thing or two about the US immigration laws.
I do have a specific question here, if you can provide your insight to that please:

I am on H1B with an approved I-140. My wife used to be on H4, but she moved to F1 status last year when she joined college for her masters. With the new H4 EAD law in the anvil, we are still contemplating if it is prudent for her to move back to H4. In the meantime, my employer is starting the process to apply for my H1 extension (expiring in Aug 2015).

It may sound outlandish, but I am wondering if my spouse's H4 extension can also be tagged along with my H1 extension application, despite my spouse's current status being F1? Or this is doable only after she does a COS back to H4?

Thanks for your time!

Cheers,
Samir

[shahpeerally]

Thank you so much for listening. Yes, you can have the h1 filed too. But remember the rule if the last one in. If h4 is approved before h1 then once on h4 is approved she will be on h4. So make sure it is done properly. Call us at 510 7425887 if you need help.

[Samir]

Thank you so much for listening. Yes, you can have the h1 filed too. But remember the rule if the last one in. If h4 is approved before h1 then once on h4 is approved she will be on h4. So make sure it is done properly. Call us at 510 7425887 if you need help.

Thanks Mr. Shah for your reply. But I am not sure if I have interpreted it right.

Are you suggesting that, H4 extension can be applied for my wife (along with my H1 extension) despite her current status being F1? And if H4 is approved by USCIS, then she gets an implicit COS from F1 to H4, since H4 is the last one in.

Please share your thoughts in case my interpretation is incorrect.

Thanks much!
Samir

[shahpeerally]

Not exactly. I was talking about change of status ans since new h1 is approved on oct 1, then she can keep pending h4