Change of Status H1 to F2 process

[Patrick_K]

Hello All,

I am currently on H1 status and and my max-out date is Apr 2021 (after considering stay out days outside US). My I-140 has been filed in Regular mode in Jan 2021 and still awaiting on receipt notice which I am not sure how long will it take. My spouse is on F1 OPT status currently. So need some information on following change of status (H1 to F2) option:

1. If I plan to move on F2 visa, should I file it while being in US or go back to India and then apply?

2. Do I have to quit my job to go on F2 visa? Are there other ways to keep my job (such as Loss of Pay, Sabbatical etc.) and still go on F2 visa?

3. What is the processing time for receiving Receipt Notice and to receive COS approval for H1 to F2 COS when filed within US?

4. If I move to F2 visa, will it impact my I-140 processing?

5. Will I be legal to stay in US (beyond maxout date) if I file for COS (H1 to F2) before max-out date but haven't yet received the COS Receipt Notice till maxout date?