F1 to H4 COS while H1 not started

[matty]

Hi,

I am currently in F1 OPT and have applied for H1b and my petition got selected in lottery. My Wife is currently in US on a F1 visa. Due to personal reasons she needs to change her status to H4. Would you please answer the following questions?

1. Assuming my H1 is approved, can she apply for H4 COS before Oct 2013(my H1 start date)?

2.If she can apply for H4 COS before Oct 2013, what will be her status from the time of H4 approval to Oct? Will she be out of status if she doesnt take courses during this period? Currently to maintain status, she needs to be registered for 9 credits this Fall starting Aug 2013.

3.If her H4 COS is approved before Oct, can she still take courses before Oct?

Thanks a lot.

[raghvi]

Hi,

I am currently in F1 OPT and have applied for H1b and my petition got selected in lottery. My Wife is currently in US on a F1 visa. Due to personal reasons she needs to change her status to H4. Would you please answer the following questions?

1. Assuming my H1 is approved, can she apply for H4 COS before Oct 2013(my H1 start date)?

2.If she can apply for H4 COS before Oct 2013, what will be her status from the time of H4 approval to Oct? Will she be out of status if she doesnt take courses during this period? Currently to maintain status, she needs to be registered for 9 credits this Fall starting Aug 2013.

3.If her H4 COS is approved before Oct, can she still take courses before Oct?

Thanks a lot.

You will be on H1 from 01-Oct-2013 onwards only, provided of course if H1 is approved. Till then you and your dependents have to maintain their current status. So even if you apply for F1 to h4 for your spouse, she would still have to be in F1 status till 01-Oct-2014.

This is my opinion not legal advice.

[kabkaba]

To add to the above, she can also file for COS to F2 first and to H4 later. But it will be complicated.