Regarding H4 to F1 COS & H1B Transfer of Principal applicant

[pranitpc14]

Hi Forum,

I have few queries, which I would like to know and would appreciate if somebody can answer them.

Scenario:

I am on a H1B visa and my spouse is on H4 visa, our I94's are going to expire in Dec 2020. I have filed for my H1b extension with my current employer. And, my spouse has applied for a change of status (COS) from H4 to F1 visa in May since she wants to pursue her studies here.

Questions:

1. Do I need to apply for my spouse's H4 extension also while her COS is pending with USCIS?

2. If I get a new job, can I do a H1B transfer while her COS is pending? If yes, do I need to send her documents also to the new employer?

3. Given the processing time of COS is around 6-8 months, if we do not get any decision for COS before my wife's I94 expires (Dec 2020). Can she stay in US on COS receipt?

4. What happens if my wife's COS gets denied in November 2020, do I apply again for COS or should apply for H4 extension for her to stay in US?

5. What happens if my wife's COS gets denied in Feb 2021 and her I94 is already expired in Dec 2020. What should I do in this case?


Can somebody please help me with these questions? We would be really greatful.


Thanks
Pranit

[rkk09]

Hi,
Please see my Answers below.
1. Not required. As long as you filed change of status during her current I-94 validity, she will be good to stay with the help of receipt notice.
2. When you do H1B transfer, you don't require to file again H4 as you already filed change of status to F1.
3. Yes. She can stay with the help of receipt notice.
4. It is your choice. You can consider both the option as you will have I-94 validity at that time too.
5. She has to leave the country and obtain H4 or F1 visa from consulate/ embassy then travel back to the USA.
Thanks