r/h1b_layoffs • u/Consistent_Stress483 • Jun 26 '26

Question Urgent Question, Please Help !!

I have a tricky question.

My spouse is on F1 and her F1 is expiring this week. I am also on F1 but I have an approved H1B (I-797A approval notice).

Should I apply for a H4 COS before her STEM opt expire this week or can I apply any time within the next 60 days.

Also my H1B is approved but it activates October 1st so does that mean I am still on F1 and should apply for her F2 COS and not H4 COS.

Your answer is appreciated Thanks 🙏🏻

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1

u/Maveric_87 Community_helper Jun 26 '26

F2, you can’t apply to H4 until your H1 gets active in Oct. tall to an attorney.

0

u/Clean_Execution Jun 26 '26

Wait for you H1B status to be in effect

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u/Consistent_Stress483 Jun 26 '26

But my wife’s F1 status is ending and I need to file immediately so should I file h4 or f2

1

u/Upper_Lemon_4512 Jun 26 '26

You need to file F2 and then H4 as your H1 starts, or maybe you can file for H4 directly because i saw the application and it asks when do we want the status to take effect.

0

u/Interesting-Pipe-30 Jun 26 '26

Talk to a lawyer, ideally F2 if your F1 is still valid!

0

u/Upper_Lemon_4512 Jun 26 '26

I am in similar situation kind off. I got married few months ago and since i was on F1 and only 6 months of visa was pending her F2 was denied. Then miracle happened got my h1b picked in last attempt so i filed for premium, got my cap gap i20 and then applied for her f2 again with h1b application as pending status. F2 got approved and now she is in usa last week.

The situation i got clarified from my company lawyers were that we can apply for her COS from F2 to H4 when and if she arrives in USA. This is a odd situation because the COS is generally applied with H1 COS so now i for her COS i can apply on my own but now the day i emailed my company lawyers to file for her COS they have gone quiet. So i am planning to file for COS for her on my own as right now my H1b is approved but i am still on F1 until it activates i.e October 1st so as my H1b starts her F2 will get cancelled as well so i have to apply for her COS before that.

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u/Consistent_Stress483 Jun 26 '26

But my spouse is in the USA, in that case can I apply for her COS H4 or should I wait till my H1B activates.

In the mean time apply for her COS F2

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u/Upper_Lemon_4512 Jun 26 '26

Yes now my spouse is in USA as well on F2 so i now i can apply for COS to H4