H4 to F1 COS or Stamping at Foreign consulate or H4 - EAD

[NVT]

Looking to get some consultation on below situation for my spouse

Background  

1. My Visa Status  
   • H1-B (valid & stamped till 2020) with an I-140 approved
2. Spouse Visa Status
   • Current Visa H4 (valid & stamped till 2020)
   • Pursuing Masters at US university. A petition filed with USCIS to Change the Status to F1 & is pending since June 2018 

Queries

1. Can we still apply H4 EAD (work authorization) for my Spouse until her F1 COS is approved? (Unless COS is approved I am assuming her H4 is still valid & she is on my I-140 Application)
2. Due to delay in processing by USCIS, we were evaluating the option of going to Canada (She is a Canadian PR holder) & apply for F1 Visa directly at the consulate. I am aware that F1 is a Non-Immigration Intent Visa & I have my I-140 Approved (Immigration Intent) Are there any repercussions of doing this or we should just wait for COS result? we are looking to get a working status for her ASAP

[shekar11#]

On 11/30/2018 at 7:11 PM, NVT said:

Looking to get some consultation on below situation for my spouse

Background  

1. My Visa Status  
   • H1-B (valid & stamped till 2020) with an I-140 approved
2. Spouse Visa Status
   • Current Visa H4 (valid & stamped till 2020)
   • Pursuing Masters at US university. A petition filed with USCIS to Change the Status to F1 & is pending since June 2018 

Queries

1. Can we still apply H4 EAD (work authorization) for my Spouse until her F1 COS is approved? (Unless COS is approved I am assuming her H4 is still valid & she is on my I-140 Application)
2. Due to delay in processing by USCIS, we were evaluating the option of going to Canada (She is a Canadian PR holder) & apply for F1 Visa directly at the consulate. I am aware that F1 is a Non-Immigration Intent Visa & I have my I-140 Approved (Immigration Intent) Are there any repercussions of doing this or we should just wait for COS result? we are looking to get a working status for her ASAP

1. Yes.

2. She can go to Canada and get F-1 stamped. As long the university is good there are no issues.