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Immigration Issues/Wife on F2 with H1b under process

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Question
Some background: My wife got her F-2 approved couple weeks back and My company also filed for my H1B on April 1st for which I got selected through the lottery. I want to bring my wife here ASAP. She doesn't have a pending COS since i had filed only for my H1-B and not her H-4. She plans to come here in May and my OPT expires only in June. I will file for her COS from F-2 to H-4 sometime August-September. I will also apply for cap-gap extension to extend both our status from June to October (after she gets here) My questions are:
1) Will she have any issues at the POE with her F-2 given that my H1-B won't start until October 1st and my OPT would be valid?
2) Will there be any problem in applying for  COS in August or should I do that much earlier?

Thanks and I appreciate your answer.

Answer
Hi,

Your wife will receive an I-94 at the port of entry valid until your OPT expiration date (June), but her F2 status will be extended assuming that your H1B petition is selected in the visa cap (and eventually approved) if you notify the DSO at your university about the selection of the H1B petition in the visa cap.

Your wife's change of status application to H4 can be filed anytime prior to October 01, and she can remain legally in the U.S. while it is pending (and continue to remain in the U.S.) even if COS is approved after October 01.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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