Can I apply for a COS from an F-2 to H-4 while my F-2 is going to expire in 3 months?
Question Details: My husband's H-1B got approved recently. His firm didn't apply for my dependent visa along with his H-1B. So I would like to apply for COS to H-4 right now as I will be out of status in 3 months. However, my COS application from F-2 to F-1 is pending from 6 months. So, can I still apply for H-4 if my F-1 application is pending. Will it be considered as a separate application? If I don't get H-4 approved in 3 months, will I be out of status and should leave the country within 60 days or can I stay in the U.S. until the H-4 is approved? I'm trying my best to get it done by COS and avoid consular processing. Can it be done or am I too late considering the delayed processing times?
Yes, you can apply for H-4 even while your COS to F-1 is pending. Simply use your receipt number for that COS to submit the COS to H-4 petition. You will not need to leave the country once this COS is filed because it wil be pending. It should be approved as a COS and not consular processing as long as you are in status at the time of filing.