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,