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Change of Status to H4 is pending, however H1B end date is nearing.

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  • Change of Status to H4 is pending, however H1B end date is nearing.

    I currently reside in the US and my change of status from F1 to H4 is pending (I-539, date of application - March 2023). My spouse's H1B end date is in September 2023, hence the H4 end date mentioned in the I-539 application is September 2023.

    The plan was to apply for my H4 (extension/new) along with H1B extension as a single application. However, since I am still waiting for my change of status to H4 to be approved, what are the options I have if it does not get approved before the H1B end date OR before the company files for H1B extension?

    Can my spouse's company apply for an H4 extension along with his H1B extension even if my F1 to H4 is still pending? OR can they apply for a new H4 along with H1B extension while I am in the US?

    I'd appreciate any suggestions/advices, thank you

  • #2
    Originally posted by Abbygail View Post
    Can my spouse's company apply for an H4 extension along with his H1B extension even if my F1 to H4 is still pending?
    I think so, if he is eligible for H1b extension.

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

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