F1 to H4

[arunk26]

Hi

My wife holds a F1 OPT Visa status. I want to transfer her F1 to H4. This has to be done for sure as we are having a baby by September and She is planning to spend November to May in India.

Here are my complications.

1) My H1 expires by November, for which I will be applying extension by September/October. If I apply a F1 to H4 transfer for my wife now, will she get the approval valid only until Nov 2015 or she won't even get approval as it is very less time towards my current H1 expiration? If she will not receive based on my H1 expiration in Nov, I will try to apply sooner for my H1 extension and transfer her F1 to H4 by then.

2) If she gets approved on H4 now (I would give 3 months which is September) valid until Nov 2015, Will I be able to apply for extension on H1 and H4 together, premium, which would let me receive approval in a month?

3) Last one would be about insurance. I am not sure whether this can be answered, but still asking. My wife's current employer's insurance is different from mine. I have already paid all deductible with her employers insurance. Once her H4 is approved, I suppose she needs to be in my Insurance coverage. Do I still need to pay all the deductible with my employer insurance or it can be waived based on the patient's name?

Thanks in advance for the help.

-Arun

[shervin143]

1) My H1 expires by November, for which I will be applying extension by September/October.
>>> Are you sure you want to wait that long. It is advisable to file the extension early. Extension can be filed 6 months prior to the I-94 expiry date.

If I apply a F1 to H4 transfer for my wife now, will she get the approval valid only until Nov 2015 or she won't even get approval as it is very less time towards my current H1 expiration? If she will not receive based on my H1 expiration in Nov, I will try to apply sooner for my H1 extension and transfer her F1 to H4 by then.
>>> H4 need to be filed based on your current H1B approval notice or based on your pending extension. So if you file it now, her H4 will be approved only till November. But that is okay since since she will anyways leave U.S in the month of November. As long as she leaves U.S before her H4 I-94 expiry date, she is fine.


2) If she gets approved on H4 now (I would give 3 months which is September) valid until Nov 2015, Will I be able to apply for extension on H1 and H4 together, premium, which would let me receive approval in a month?
>>> You cannot apply for the H4 extension when she is not in the country. Also, travelling while the extension is pending is not advisable. H4 extension need to be applied only if she want to continue to stay in U.S post her I-94 expiry date. If she is leaving U.S in November, there is no point in applying for extension. The only catch is, she need to leave prior to her H4 I-94 expiry date.

3) Last one would be about insurance. I am not sure whether this can be answered, but still asking. My wife's current employer's insurance is different from mine. I have already paid all deductible with her employers insurance. Once her H4 is approved, I suppose she needs to be in my Insurance coverage. Do I still need to pay all the deductible with my employer insurance or it can be waived based on the patient's name?
>>> I hope your wife is quitting her job. In that case, she can talk to her employer about the COBRA coverage. That way, she will continue her current coverage.

[arunk26]

Hello Shervin143,

Thanks for your reply. It really did give me more options.

But the only part I did not understand or not sure If I have mentioned it right is My wife gonna spend Nov 2015 to May 2016 in India. For returning back to US, she needs a valid H4, right?

Will I be able to apply for H4 extension when she is in India, where she will need to go for stamping (I support you already answered this saying, H4 extension cannot be applied when she is out of country, still trying to confirm it)?

Or Is it better to apply my extension earlier, get it approved and then apply F1 to H4 for my wife for which she will have more validity? Also I suppose with the new H4 in her hand, she will need to get it stamped in India before returning to USA.?

Thanks.

-Arun

[shervin143]

She doesn't need a valid H4 approval notice to return back to U.S. All that she need is a valid H4 visa in the passport and your I-797 approval notice. By showing your (H1B) valid I-797 and her valid H4 visa at the POE, she will get an I-94 matching your petition expiry date which will put her on H4. Later when that I-94 is about to expire and if she decides to continue to stay in U.S in H4 status, then you will need to file her H4 extension which will come with a new I-94 extending her status.

Hello Shervin143,

Thanks for your reply. It really did give me more options.

But the only part I did not understand or not sure If I have mentioned it right is My wife gonna spend Nov 2015 to May 2016 in India. For returning back to US, she needs a valid H4, right?

Will I be able to apply for H4 extension when she is in India, where she will need to go for stamping (I support you already answered this saying, H4 extension cannot be applied when she is out of country, still trying to confirm it)?

Or Is it better to apply my extension earlier, get it approved and then apply F1 to H4 for my wife for which she will have more validity? Also I suppose with the new H4 in her hand, she will need to get it stamped in India before returning to USA.?

Thanks.

-Arun