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H4 extension when F1 to H4 change of status petition is pending?

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  • H4 extension when F1 to H4 change of status petition is pending?

    My wife just applied for F1 to H4 COS because she didn't get through the H1 Lottery. She got the receipt from USCIS. My H1 is due for extension now and I want to file for H4 extension along with H1 in premium processing. Can we file for H4 extension when her change of status to H4 is still pending? Does it affect the processing time of the application? and will she be converted to H4 before extension with the premium processing time frame? Also can she file for H4 EAD along with H4 extension? Does applying for extension in premium would help to get COS to H4 faster?

  • #2
    First of all there is no premium processing for H4. Just because H1B is filed in premium, it doesn't mean that H4 processing will also get completed in premium. If H4 COS is currently pending, then you can still file the H4 extension based on the pending H4 COS as a bridge petition. Write a cover letter clearly mentioning that and attach a copy of the H4 COS receipt notice. Extension will get approved if the COS gets approved. H4 EAD can be applied at the same time while filing the extension.
    Not a legal advice. Use of this information is strictly at your own risk.

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