H1B to H4 conversion for MBA


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I am currently on an H1B viss and my wife is on an H1B visa as well. We both have our I-140s approved and are awaiting a current priority date. I am planning on doing an MBA starting in Fall 2016 but I will not know until May if I have gotten in. If it were to happen, my wife's company will file a conversion of visa from H1B to H4 for me i.e. I will become her dependent. They say that the current time-frame for the same is about 5-6 months which would mean that it will not be approved in time for me to begin school.

While the lawyers think that the receipt of application indicating that the conversion petition has been received should be sufficient for me to begin school as a full time student (similar to how an H1B change of employer receipt notice is sufficient to allow you to work for a new employer until the application is approved), they have asked me to check with the various colleges DSO / International Student Office's to confirm if this is indeed the case.

I was wondering if anyone here has had experience in this before or knows of the exact rules in such a scenario.

P.S. F1 is not an option for me as the I-140 petition indicates an intent to immigrate which would in most cases be grounds for refusal of the F1 visa.

Any help would be greatly appreciated.


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