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  1. #1

    Default H4 Change of Visa Question

    I am planning to apply for Change of Visa status for my wife.

    My wife is on F-1 visa, has received OPT card and her 90 day unemployment period for OPT is going to end on May 15, 2012.

    She is not able to get a job or even a voluntary position. I am on H1b. I need some time to prepare for documents

    By what time should I send the application to USCIS?

    If I send the application on (say) May 11th, 2012, will it be okay? Will she be out of status if we receive the receipt from USCIS after May 15?

  2. #2
    Join Date
    May 2009
    Posts
    10,053

    Default

    The documents for her COS to H4 should reach USCIS before she goes out of status on F1 (May 15th). Receipt notice can be received later. There is also an option to eFile the COS and send the documents later which will guarentee that the COS is filed on time.
    Not a legal advice. Use of this information is strictly at your own risk.

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