My husband is in f1 opt and now he has h1b approved dated 16th Oct...(received 23rd). I am his dependent in f2 visa .the company did not file h4 since I came to us after April. Am I already in out of status or do I have the 60days grace period students get to leave or apply cos? If I am out of status is it calculated from Oct 1st or Oct 16th .
You are out of status effective October 16. There is no grace period, unfortunately, and it is not recommended to wait in the U.S. and try your luck with filing a COS to H4 application now as you will continue to accrue unlawful presence.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter, nor should it be viewed as establishing an attorney client relationship of any kind.
Depart at your earliest and apply for visa abroad.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. If you wish to discuss your case further, you may seek an appointment here - www.lawyersharma.com/book-online.
It is advisable to return to your home country to avoid accruing unlawful presence and subjecting yourself to a bar on reentry should you exceed 180 days of unlawful presence.
A COS within the USA is not advisable.
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