H1 to H4 COS

[pluto_ind]

Hello,

My wife was on H4 Visa and got her H1B processed and approved and was working for a Consultant. Since she had a H1B Visa, i didnt apply her extension when my H1B was expiring. I now have an approved H1B until November 2015. Since we were had a baby, my wife quit her Job and have applied for COS from H1 to H4.

Does anyone know how long does this usually take for the COS? We are planning on a trip to India on 11/14 and have our tickets booked.
So my question is...
1. If my wife's extension is not yet received/approved, can i still process her visa/stamping from India?
2. Can I do premium processing to expedite her application?

Thanks

[raghvi]

Hello,

My wife was on H4 Visa and got her H1B processed and approved and was working for a Consultant. Since she had a H1B Visa, i didnt apply her extension when my H1B was expiring. I now have an approved H1B until November 2015. Since we were had a baby, my wife quit her Job and have applied for COS from H1 to H4.

Does anyone know how long does this usually take for the COS? We are planning on a trip to India on 11/14 and have our tickets booked.
So my question is...
1. If my wife's extension is not yet received/approved, can i still process her visa/stamping from India?
2. Can I do premium processing to expedite her application?

Thanks

1. Yes you can.
2. There is no premium processing for dependent visa.

This is my opinion not legal advice.

[pluto_ind]

H1 to H4 COS

Thanks for the response. Any idea how I can stamp her visa without an approved petition in India?

Also we are traveling for 3 weeks only.

[raghvi]

Hold on, you getting me confused. Are you planning for her to get H4 visa or H1 visa?

For her H4 stamping she would need your H1 approved petition which you said you already have ("I now have an approved H1B until November 2015"). She does not need her H1 petition for her own H4 stamping.

If she is going for H4 stamping, she needs to fill the on-line DS-160 and mention your H1 petition details, also create a profile, associate the profile with the DS-160 alpha-number, pay the fees to book finger print as well as interview appointment dates (190 USD), confirm the DS-160 and then go for finger print and visa interview along with the relevant documents such as passport, marriage certificate, your paystubs, W2 etc.

This is my opinion not legal advice.