Change of Status for H4...urgent!

[gauravhawk]

My company is going to apply for my H1 petition soon. Now my question is:

Since I am married, do I need to file two separate I-539 (COS application) for me and my wife alongwith my H1B petition or I have to file only one I-539 and include my wife's name in the supplement to my I-539? My wife would be applying for H4.

Thanks
Gaurav

[shervin143]

What is your current status? You cannot file a COS to H1B. That need to be taken care by your employer. Ask you employer to file the H4 petition for your wife when he files your H1B with COS.

[kabkaba]

What is your current status? Does your employer have an approved petition?
Give some more details.

[gauravhawk]

I am currently on OPT...My employer will be filing for H1B soon. I would like to know what application form my employer needs to file for my wife (who is F2 dependent right now) along with my H1B peition so that we can have her status changed to H4?

Thanks,
Gaurav

[sk4ih]

If your employer is filing for your H1 with CoS, then you need to apply for her CoS using I-539 (Change or Extension of Status) too.
Both applications can be sent together.

[gauravhawk]

Thanks. I am clear on my wife part now. So to my understanding it has to be like this:

OPTION 1:
For me: I-129 (H1B petition) plus I-539 (for my COS)
For my wife: I-539 (for her COS) only.

OPTION 2:
For me: I-129 (H1B petition) only
For my wife: I-539 (for her COS) only.

Which option is correct? Please clarify this.

Thanks,
Gaurav