F1-H4 COS and H4 EAD

[dds24]

Hello,

I'm on H1-B visa and have an approved I-140.
My spouse has a pending H1-B petition (status is level 1 wage RFE currently) and can only work till OPT cap-gap end date (Sep.30, 2017).
I'd like to know if we can file for a Change of Status (COS) from F1 to H4 while the H1 petition is pending so that we can apply for H4 EAD to continue working in the States.

Also, how much is the processing time for COS if we do it in the States? Would going to the home country and getting a H4 stamp be a better/faster idea?
If we choose the latter, is it mandatory for me to go with my spouse for conversion to H4?

In the event that my spouse's H1-B gets approved (after response to the RFE), do we need to withdraw the F1 to H4 application?

Thanks!

[scientist2016]

(1) Yes
(2) Several months. Yes, getting a H4 stamp would be quicker. Nope, no need.
(3) If it is a COS, yes you need to withdraw. Or else, if the COS goes through, then the applicant will automatically change status to H4 from the date indicated. Hence, it would be a better idea to go for H4 stamping. It might be quicker to do so.
However, one watch-out: Since one needs to leave the country to get H4 stamp, the H1 COS might be rejected (since during absence from the US, one does not have any "status" to change), which would mean that one has to travel outside the US again to get the H1 stamped.

[dds24]

[QUOTE=scientist2016;516684]

Thanks so much for your reply!
I have a question - since there is a risk of the H1 COS getting Rejected, can we start the COS application of F1-H4 in the US and then in case H1 gets denied(hopefully not!!) , can we use the same application(petition) back in the home country?
Or does it need to be a new one?

Thanks!