Hi Anil,
I filed for my wife’s I539 (Vermont) while she was maintaining her F1 STEM OPT status during August, 2018. My wife was not maintaining employment since September 2018. So she is out of status but still within authorized period of stay. After 1 month, I filed for her H4 EAD I-765. USCIS approved H4EAD within 50 days under classification C26. The end date on her H4 EAD card matches the STEM OPT ead card. He H4 COS application is still pending and there are no updates.
I have contacted USCIS many times but they have no responses other than that they are reviewing the case.
Can you comment if there is a way to expedite this application I-539? or any other solution that can help get approved status +work eligibility faster.
Thanks
The fastest way at this time is to go out of USA and get H4 visa stamped on passport. Then, she can use her H4 EAD.
H4 COS application at Vermont will take another 6 months to get result as per current H4 processing timelines.
There is no other way that I know of, to expedite the H4 COS application.
Would you know travelling to Canada is a concern than India for H4 stamping.
Since she was working as F1 and now her status is changing back to H4 (it was H4 when she entered), will this create problems such as 221(g). Just looking for your recommendations.
Stamping in Canada or Mexico can have issues just like stamping in India.
The form 221(g) issuance varies by case and nobody can really predict the outcome.
As per my information, you can go to Canada and get stamping. Rest depends on your luck.
There are always some cases where they receive form 221(g) and other who always get approval without any issue.
Thank you so much ! I really appreciate how are you helping the community here.
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