Visa status questions ... please help

[sp_0826]

Have a situation here. Wife's H1 expires September 15. Please help me with these questions:

1. Applying for a graduate school, and if COS to

F1 is still pending on Septemeber 15, is she

legally allowed to stay when H1 expires and

COS is pending ?? Any workaround ?

2. COS to H4 pending while H1 expires. Can she

legally stay ?? any workaround ?

Appreciate your responses

Thanks

[pontevecchio]

When is the date she is supposed to report?

[tusharvk]

from what I know, once you file for the cos, you are legally allowed until they make a decision on your case.

but pls check with attorney if in doubt.

[sp_0826]

For F1, it might be January 1. When a COS is pending and her current visa expires, will she be ok ?? Are there any restrictions in COS cases too ??

[pontevecchio]

In order to change status to F1 she needs to be in status on the earliest date they can give her F1 status which means up to 30 days before reporting.

She can leave when her H1 expires and apply for the F1 visa. In case F1 is denied she can come over on H4 status and still study. What College is she intending to attend?