H-1 to F-1

[supender]

I am on H-1 and planning to file COS to F-1 to pursue funded PhD program in Physical Therapy. My wife IS presently on H-1B AND is expecting and we will have a baby in December 2009. I don't start till January 2010 and she will be on her FMLA for two months before she joins back work in Feb 2010.

I am concerned if there are some health issues and she can 't join work after delivery. Can I continue to work on H-1B , or do I have to file a new COS or a new petiotion or I dont have to do nothing since I wont join as a student at all.

Please Help.

[kabkaba]

If you are in H1 status, you have to be working full time.
If you are in F1 status, you have to be studying full time.

[supender]

Does that mean if I don't start studying full time, can I still continue to work on my H-1B without having to file for Change of status again.

[kabkaba]

Status determines your action, action does not determine status.
Check your latest I-94, if it says H1, you have to work. If it says F1 you have to study.

[supender]

Thanks