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Should I apply my wifes H4 ?

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  • Should I apply my wifes H4 ?

    1) I was on L1 and my wife on L2 visa.
    2) We both applied for H1 via another employer before the L Visa had expired.
    3) My H1 got approved,and she got a RFE. We have responded to her RFE.
    4) As my status is changed from L1 to H1 (COS), she is on no visa status right now (L2 Visa expired).

    Should we apply for her H4 now or can wait for the decision of her H1B ?

    Assuming we plan to file her H4 now and later her H1 is approved, how can we apply for her COS again (H4 to H1) ?

  • #2
    She cannot apply for change of status in general. A bridging petition may be filed but that will depend on the outcome of her H1 petition anyway.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      She cannot apply for change of status in general. A bridging petition may be filed but that will depend on the outcome of her H1 petition anyway.

      Should I wait for my H1 resut and the proceed ?

      Comment

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