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I need urgent suggestion / advice..

My H1b (6th year) is expiring on Nov 15. My wife is currently on H1 as well and hers is expiring on March'2018. She has her I-140 approved and her attorney just filed for her H1 extension (2 weeks ago). Now, I am thinking of converting from H1 to H4 as her dependent and applying for EAD. I understand there are two ways to get this: H1 to H4 COS and freshly applying for H4 @US Embassy.

1. H1 to H4 COS: When i looked online, I saw that the processing time for H4 COS is around 4-5 months and on top of that getting EAD would add up further delay (to max a year H4COS + EAD?), especially with any changes that might happen by end of this year.

2. H4 counselor process looks much faster (next appt date I could find was in Nov 15th in India). However, I have two concerns: First being, if it will be looked negatively by consulate / embassy when they see that my H1 just got over/ getting over, and I am trying to apply and come back as H4 dependent right away (well, I have my family here) . Second, since her current H1 is getting over in March (and extension is already filed), will the consulate will honor the extension process and give H4 visa for 3 years or will they give H4 only until March. If its the latter, once I come back to the US (on H4), can I apply for EAD immediately, and then apply for H4 extension or will that needs to be filed simultaneously?

3. I understand that generally when H1 extension is filed together with H4 , they both get processed together. Now my wife's extension was filed only 2 weeks ago, is there any way we can 'add' my H4 COS and EAD to her application (along with converting her process from regular to premium - currently its filled under regular)

Thanks in advance for your response,
asked in L1, L2, H4, B Visas & Misc by (120 points)

1 Answer

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Hi ,

I want share my experience.

My wife was on H1 and her H1 was expiring on september. Her employer refused to file H1 extension without job.

We applied her transfer from H1 to H4 because I am on H1.

We filed her H4 (H1 to H4 dependant ) with documents exactly mentioned in USCIS website and within one week we got the processing receipt form USCIS

After receipt was generated in september she now travelled to India for H4 visa stamping.

I will post once her H4 is approved.
answered by (140 points)
Hi Shyam,

Thanks for the response, but just to clarify: She applied for H1 to H4 COS, and while the process is happening, she is traveling to India for a fresh counselor process + stamping?
Yes.
She is travelling for new counselor process.
The reason we would explain to counselor is family attendance.
Ok Thanks. So I presume in that case her COS process will be 'abandoned'?

Can you tell me if in counselor process, she directly has to get an appointment and go there with the relevant docs? Also approx how long does it take for counselor process?



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