Can I mention date start date after OPT expiry date?

[JAY143]

I am currently on H1B and my wife is on  F1-OPT.

My H1 is already valid till Sep 2022. so I am not applying any extension now.

My wife is planning to apply F1 --> H4 and H4 EAD concurrently. she is currently working on OPT.

 

I have couple of questions in filing forms. Please answer if possible.

 

1. My wife OPT expires on Dec 9th 2020.  Can I mention the New Status and Effective date of change as Dec 10th 2020.  (Question 3.b Part 2 on form I-539)

                   If the change of status is approved along with EAD, Will my wife H4 status start from Dec 10th or the day my petition is approved. Can my wife continue to work on OPT till Dec 9th 2020.

 

2. In I 539 form , Part 3 Processing Information, 3.a. Is this application based on a separate petition or application to provide your spouse, child, or parent an extension or change of status

                   Should we answer Yes, Filed with this form I-539 or No

                   In this case only my wife is applying F1 to H4 change of status and H4EAD