Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?

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Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?

My husband’s H-1B got approved recently. His firm didn’t apply for my dependent visa along with his H-1B. So I would like to apply for COS to H-4 right now as I will be out of status on Oct 1, 2018. But my COS application from F-2 to F-1 is pending from 6 months. So, can I still apply for H-4 if my F-1 application is pending. Will it be considered as a separate application? If I don’t get H-4 approved by Sep 30, will I be out of status and should leave the country within

60 days or can I stay in the US until the H-4 is approved? I’m trying my best to get it done by COS and avoid consular processing. Can it be done or am I too late considering the delayed processing times?

Asked on June 25, 2018 under Immigration Law, Virginia

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can apply for H-4 even while your COS to F-1 is pending.  Simply use your receipt number for that COS to submit the COS to H-4 petition.  You will not need to leave the country once this COS is filed because it wil be pending.  It should be approved as a COS and not consular processing as long as you are in status at the time of filing.


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