Question Regarding pending COS (H4 to F1) and H1B Visa Filling

[lifewillbebetter]

Hi,

My wife is currently on H4 visa. She has applied for COS (i-539) for F1, as she is doing her master's in a university. This application is still pending approval for last 2 months. A company is ready to hire her Full Time and sponsor her H1B visa this April. If her i-539 is still pending at the time of H1b application, will it cause an issue with having 2 pending applications.

Also, is it possible to cancel the I-539 application if needed and if yes what are the steps needed to do so.

ANy help is appreciated.

Thanks

Cal

[lifewillbebetter]

Any help on this will be helpful.

[0407]

You can have as many COS petitions as you want to. But that is just the legal aspect of it.

USCIS has something called last action rule. If your H1B gets approved first and then

F1, F1 supersedes H1B. (There is some difference of opinion on this if F1 gets approved

before H1B start date, but after H1B approval, some attorneys say that Your H1B is still effective

on the start date

You can withdraw I-539 when you file H1B. But I have heard some time USCIS misses the withdrawl

and ends up approving it after H1B approval

[wiweq]

Ask the employer to file her H1b in PP. Once it is approved, withdrawal her F1 COS.