H1 to F1 Transfer for Husband while Wife's H4 to H1 transfer is pending

[StatusIssues]

Hi,

I am currently on H1B and my wife on H4 visa. One employer applied H1 for her with COS(H4 to H1) in April 2013, and it is in Initial Review state. Meanwhile, I was applying to schools to study masters here. Since the course starts in Sep-2013, I have to apply for my change of status from H1 to F1. My wife's status won't change to H1 until October 2013 (if it gets approved). In this situation I have following questions: 

1. When I apply for My COS, what happens to my wife's status? Does she go out of status if I don't apply for her COS? 
2. Can I apply for her status change from H4 to F2, while her H4 to H1 petition is not yet approved (pending)? Does it impact her H1? 
3. What are our options given the situation that I have to change from H1 to F1 by Sep, and she can't get H1 status before Oct?

 

 

[redgreenbluee]

please consult a lawyer.

 

last action rule applies so timing is tricky. if your wife gets her F2 approval after her H1 approval, she will be on F2.

 

it is safer if she gets her H1 approval, leaves the country and get H1 visa stamp and return to work on 10/1.

 

it is best to consult an immigration lawyer for possible alternatives.

 

 

Hi,

I am currently on H1B and my wife on H4 visa. One employer applied H1 for her with COS(H4 to H1) in April 2013, and it is in Initial Review state. Meanwhile, I was applying to schools to study masters here. Since the course starts in Sep-2013, I have to apply for my change of status from H1 to F1. My wife's status won't change to H1 until October 2013 (if it gets approved). In this situation I have following questions: 

1. When I apply for My COS, what happens to my wife's status? Does she go out of status if I don't apply for her COS? 
2. Can I apply for her status change from H4 to F2, while her H4 to H1 petition is not yet approved (pending)? Does it impact her H1? 
3. What are our options given the situation that I have to change from H1 to F1 by Sep, and she can't get H1 status before Oct?