Last action rule clarification

[Anonymouss]

Hi,

Currently I am in US on an F2 visa. This year my husband’s company applied for H1B for him and H4 for me. Concurrently I applied for COS to F1 with the effective date requested for Dec 10^th 2018. My F1 application got routed to California processing center, which has processing time of 4.5-5 months and the application was accepted on April 20^th 2018.Now my husband’s H1B has been picked up.

1.     If F1 COS gets approved before Oct (H1B processing time), should I retract my H4 application? If I do so, will I be out of status from Oct -Dec?

2.     If F1 COS gets approved after Oct (H1B processing time) then will my F1 status stand without retracting my H4 status? Then what about Oct-Dec? Should I do anything about this change as it will now be COS from H4 to F1 and not F2 to F1?

 

Thankyou.