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COS from B2 to H4 with I-94 expiring. Is the stay legal?

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  • COS from B2 to H4 with I-94 expiring. Is the stay legal?

    Hi,

    I have a unique situation and any help on this is appreciated.

    My wife came in on B2 in December 2019 and hence her stay and I-94 will expire on June 1st of 2020. My H1-B is up for renewal by May 7th and hence we applied for my H1-B extension along with wife's COS to H4.

    Question
    1. Since we applied for COS well before I-94 expired, is the stay legal even if COS doesn't get approved before June 1st?

  • #2
    Yes, as long as COS is filed before her status expired, she can stay in the US for as long as the COS is pending.

    This is my personal opinion and is not to be construed as legal advice.

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