F2 to F1 when spouse (F1-OPT) applying H1B

[kiran3008]

 

Hi,

My Spouse is on F2 visa and willing to apply for COS from F2 to F1 in couple of days as she got admission for May 2019 intake (COS May take around 8 to 12 months). Meanwhile my company is filing for H1b in April 2019 and was told to apply H4 by my own. I have the following questions before I proceed further: 

1) Do my wife have to apply for H4 along with my H1 petitioner or can I do later once my H1 got picked and approved?

2) Can she apply for H4 when her COS from F2 to F1 is still pending? 

3) what if both h4 and f1 are approved? Can we withdraw.

4) What if both h4 and f1 are pending when my h1b is approved. Will she be out of status.

Her ultimate requirement is to change to f1 to peruse Masters.

Any valuable inputs are highly appreciated.

 

 

[pontevecchio]

She would seem to have no choice. She cannot study in F2 status and while a COS to F1 is filed . She needs F1 status. The only way she can do that is to go and get a F1 visa and return up to 30 days before class. That begs the question. What is the caliber of this college?