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.
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.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
You can file for change of status with an October 1, 2014 start date of the change of status.
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