My wife is currently on F1 and her STEM OPT expires in November. Her H1B did not get picked in her last chance as well. I have approved i-140 so we plan to file for F1 to H4 COS and H4 EAD concurrently.
I have following questions.
Since her current status validity is D/S, she could practically continue to maintain her status by enrolling into new program until her H4 is approved after the expiration of her current STEM OPT. Correct?
When I file for her F1 to H4 and H4 EAD concurrently, I believe there are two ways.
2.1) I file for her i-539 online, and i-765 paper.
2.2) I file both her i-539 and i-765 by paper concurrently.
Is that correct?
What is the best way to file i539 and i-765 concurrently? Do they both go in single package? and Do the mailig address for both is decided based on i539 mailing address?
IF her h1 gets picked next year, could i withdraw my H4 application altogether?
Correct. As long as she is enrolled in college she will be in F1 status.
Correct. However I would suggest filing both paper so as to streamline the processing.
If filing concurrently, file at the applicable I539 address, both applications in single mailing packet is fine.
You may be ok to withdraw if the COS is still pending at the time of H1B approval, assuming she will be in valid F1 status. H1B will need to be filed with COS from F1 to H1B if you dont plan to go for consular processing.