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Can I apply COS from F1 to H4 before my wife's H1b starts on October 1st.

Pontiac, MI |

Both me and my wife are in OPT ext., unfortunately I didn't win the lottery for H1b but she got it and it is approved already in June 2014. Can I apply Change of status for H4 before 1st of October when her h1b starts, do I need her H1b paystubs for my i539 form or HER current paystubs in OPT ext. is good for my application. My opt ext. expires on October 9th 2014.

Attorney Answers 2


Yes, it can be don ... you just request an October 1, 2014 start date. You may get an RFE for the pay stubs, or, you may not.

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So do you think that I should apply COS on 1s t of October and by the time if there is any rfe she will have her H1b paystubs available. But this will be very close to my opt extension end date, ie oct 9th!

F. J. Capriotti III

F. J. Capriotti III


Yes, it will be very close. Be smart ..... hire a lawyer to do the papers and monitor the process.


You can file for change of status with an October 1, 2014 start date of the change of status.

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