H1B to H4 change of status with pending extension and i94 expired


I am currently residing in US, working on H1B extension with I 94 expired as of May 12th(Extension filed before I94 expiry and now I am on 240 days grace period).

Due to personal reasons, Now, I am planning to apply COS(H1 > H4).

Question: Can I apply for COS and continue to stay in US until the end of 240 grace period? If not, can I apply for COS at Mexico embassy for consular review?

Note- my wife currently on F1 and her H1 is approved and her I797 copy has effective date from Oct 1st 2021


You can apply for premium processing for your H1B EOS application and get it approved in 15 days. You can’t do COS from H1B to H4 until after your spouse switch to H1B effective 1st Oct.

Yes you can but not until your spouse switch to H1B effective 1st October.

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