H1B got approved in Oct 2015 but not stamped, can I apply 4 COS 4 my wife - h1b to h4 as she will loose her job by 10/25
3 attorney answers
If you are maintaining H-1B status, she is eligible for H-4.
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Yes since your H1B is approved you can apply for your wife's COS, All the best.
15 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered are of a general nature only, and are not meant to create an attorney-client relationship.
As my colleague indicated, if you are presently in the United States working under the terms and conditions of your H-1B, your wife is eligible to change to H-4 status. The fact that you have not obtained the corresponding visa in your passport is meaningless IF your H-1B was a change of status.
If for some reason, you are in the U.S. and hold an H-1B approval with consular notification, then you need to activate your H-1B status by departing the United States, obtaining a visa in your passport and entering.
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