Link H4 COS to Pending H1B

[nareshH1b]

Hello,

My H1B petition is pending with USCIS since 4 months.
I am planning to apply H4 COS (with EAD concurrent application) for my wife.(she on H1B now which is expiring Aug 2016)
Looking at current processing time for H4 COS it may take 1 year for approval. - Vermont Service center

can we link my wife H4 COS petition to my H1B(which is pending) will it help to get H4 COS Approved early ?
I want to make sure she do not have any gap in her working status as her H1B will be expired in Aug 2016

Thanks for your Help

[shervin143]

can we link my wife H4 COS petition to my H1B(which is pending) will it help to get H4 COS Approved early ?
>>> No. It will not help. There is no guarantee that they will process H4 along with your H1B.

I want to make sure she do not have any gap in her working status as her H1B will be expired in Aug 2016
>>> Can't her employer file a H1B extension. You can file the COS from H1B to H4 now by requesting the H4 effective date to be the date immediately following the H1B end date. Hopefully her H4 COS will get approved before her H1B expires. You can file the EAD along with H4 COS.

Alternatively she can leave the country and return back on H4 visa and then file the EAD. She cannot work until the EAD gets approved.

[nareshH1b]

[QUOTE=shervin143;441189]Thanks for your response.

She plans to move away from her current employer after she gets H4 EAD and Avoid H1B extension. As employer's will try to complicate things(while she quit) if they pay for H1B extenstion.

We thought about leaving country but she will not be able to work till she gets her EAD.

[abhirup230113]

Hi

What happened to your wife's H1 to H4 COS when her amendment was pending ? Did it get approved ? I am in the same boat