H1b to H4 questions

[Bittersweet.arpan]

Hi,

My wife is on H1b and will be quitting her job next week to take time off for taking care of our daughter. I am on H1B and my extension is due soon, which should be filed in premium within 2 weeks time. Given this situation, I had a few questions..

1. Do we have to apply for her H4 immediately or we can wait for a week and apply with my extension(in premium)?
2. In case we have to apply immediately, can we apply for another one or club it with my extension application later?
3. What are the issues/concers if there is a gap between her quitting and the new H4 application filing?
4. We are just trying to understand if its possible to avoid the unknown period of wait time for H4 approval, so any other better way out?

She cannot travel out of country immediately, so that is not an option. Any advise is appreciated.

Thanks,
Arpan

[pattam.onnu]

Hi Arpan,

You can file your wife's H4 change of status along with your H1b extension. If you want to you can also include EAD application as part of the package.
And start of your wife's H4 status can be requested for a date, when she can quit.
Even though premium processing is for your H1b extension, as a courtesy USCIS generally processes all the applications in one go.
So, the key is to send everything in one go and if your wife can wait quitting until the whole thing is approved.

[Bittersweet.arpan]

Hi Arpan,

You can file your wife's H4 change of status along with your H1b extension. If you want to you can also include EAD application as part of the package.
And start of your wife's H4 status can be requested for a date, when she can quit.
Even though premium processing is for your H1b extension, as a courtesy USCIS generally processes all the applications in one go.
So, the key is to send everything in one go and if your wife can wait quitting until the whole thing is approved.

Thank you for your response. If I understand it correctly, do you mean to say we can apply for my wife's H4 COS a few days after her quitting the job?
I have read in other posts that this gap is considered out of status and is an issue. Can you clarify?

In case we apply for H4 COS ourselves immediately and then later apply again with my H1B extension, what is the possible outcome?

[pattam.onnu]

Thank you for your response. If I understand it correctly, do you mean to say we can apply for my wife's H4 COS a few days after her quitting the job?
I have read in other posts that this gap is considered out of status and is an issue. Can you clarify?

In case we apply for H4 COS ourselves immediately and then later apply again with my H1B extension, what is the possible outcome?

No, I am not saying that. She would be out of status then. I am saying is apply for h1 extension, h4, Ead all in one go and in premium if it's urgent. Until then, do not quit her job.