Q: Can I apply for COS from F-2 to H-4 while F-2 is going to expire on Sep 30, 2018?
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 on Oct 1, 2018. But 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 by Sep 30, will I be out of status and should leave the country within 60 days or can I stay in the US 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?
A: Since your change of status to F-1 may be pending for many months, the fastest way to get H-4 status is to consular process. Otherwise, wait for the COS to be approved, then file COS H-4 if you wish.
A: You can apply to change status, yes. You can even do so if the F-1 is still pending, and it will be considered a separate application. It is not necessary to leave if the application to change from F-2 to H-4 is not yet approved, as long as you file in a timely manner. It is unlikely that you would risk deportation if you do so, but it is not guaranteed. Your new status will be backdated to the date your old status expired.
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