to apply H4.

[Nga]

Hi,
I'm in H1B and I applied for renewal in October 2011 and received query. My employer sent all the documents on Jan 14th 2012(last date to send the document!).
My spouse was in OPT at the time of me applying for renewal. Now, the OPT is expired yesterday and we are told that after OPT one could stay in US for two months.
Question is : Shall I apply for H4 visa during the process of my H1B renewal. Is there any other way my spouse could stay in US until June or July 2012. (getting visitor visa etc from Canada... Is it possible?)
Please someone help me in this regard.
Thanks in advance.
Nga

[kabkaba]

Your spouse has to file form I-539 to change status to H4. Change of status will be based on your own extension of status pending with USCIS. As supporting documents attach copies of your H1 approval (old) and receipt notice (extension), your paystubs, his I-20, EAD, both your passports, both your I-94's and marriage certificate. Also add a cover letter explaining change of status. After approval your spouse can stay in the US as long as you maintain your H1 status. He/she can also remain while the application is pending.

[Nga]

Thank you so much for your reply.
Will try to apply through my employer immediately.

[kabkaba]

It does not have to be through employer. The application must be received by USCIS before OPT end date + 60 days.

[Nga]

Thank you for your advice. I just looked at the website and planning to apply by e-file.