H4 COS with 6 days delayed filing

[Bittersweet.arpan]

Hi,

My wife is was H1b and quit her job 2 weeks ago to take time off for taking care of our infant daughter. I am on H1B and my extension was filed in premium last week as my current visa expires on 20Feb 2017. Given this situation, I had a couple of questions..

1. We applied for her H4 6 days after her last day since my extension filing was to happen very soon. Since my current visa expires soon, we were not sure if applying earlier would help as the current processing time is 4-5 months and my extension would have been filed separately. Will 6 days gap be a problem?
2. If so, what possible issues could be there and what are the possible remedies?
3. Since She cannot travel out of country immediately because of very small baby, so that was not an option. Will this gap have any impact on her H4 COS and EAD application? (My I140 is approved)

We were hoping to file together so that her COS could also work out in PP with my application. Please advise.

Thanks,
Arpan

[raghvi]

Hi,

My wife is was H1b and quit her job 2 weeks ago to take time off for taking care of our infant daughter. I am on H1B and my extension was filed in premium last week as my current visa expires on 20Feb 2017. Given this situation, I had a couple of questions..

1. We applied for her H4 6 days after her last day since my extension filing was to happen very soon. Since my current visa expires soon, we were not sure if applying earlier would help as the current processing time is 4-5 months and my extension would have been filed separately. Will 6 days gap be a problem?
2. If so, what possible issues could be there and what are the possible remedies?
3. Since She cannot travel out of country immediately because of very small baby, so that was not an option. Will this gap have any impact on her H4 COS and EAD application? (My I140 is approved)

We were hoping to file together so that her COS could also work out in PP with my application. Please advise.

Thanks,
Arpan

1. Depends on the officer.
2. If H4 approved as consular process, you spouse would need to leave US and re enter with a valid H4 visa.
3. USCIS generally is lenient but having a baby in itself is not a valid reason to violate ones status. As sfor impact to COS/EAD, as said it all depends on the officer. If COS is approved EAD would be too, but if COS denied then unless she gets back in status she cannot get an EAD.

This is my opinion not legal advice.