h4 extension and COS to F1 at the same time

[kjagwani]

Hello Lawyers

I am currently on H1B visa and my wife is on H4 visa, My h1 is expiring in september hence I am applying for my h1 extension and my wife's h4 extension. Also my wife is planning to join a graduate program (M.S) in a university coming Fall 2012. So we would like to file for the change of status to F1 visa. In which sequence should I do the above things to make sure we accomplish all the above successfully ? can i start the h4 extension and f1 COS at the same time? or i have to wait for the h4 extension approval first then file for f1?

[aryan_1948]

I have been in the same situation before and the best thing to do is apply COS for F-1 not for H-4 because there is rule called last action rule in USCIS. You may have multiple COS application going on at once but the last application that is approved and provides you the I-94 will apply. If your wifes F-1 got approved and then her H4 petition gets approved then H-4 stays and F-1 status is not applicable.