H1 to F2 and H4 to F1, complicated situation, help requested

[abcv6503]

Hi,

I am currently on H1 and wife on H4. I have been notified that my job will be over on October 1st and that my employer will send a letter to INS asking them to terminate my H1.

Meanwhile, my wife has got an I-20 and we were thinking about changing her status from H4 to F1 and my status from H1 to F2. I know that we have to file I-539 for change of status.

My question is what will be our status until we get the F1 and F2 approval, since it takes 3-6 months ?

Also, do I need to send any employment letter or pay stubs along with the change of status application showing them that I was in legal status until now ?

Your help is appreciated.

Thanks,
Aby

[txh1b]

It is called period of authorized stay approved by the attorney general. It is not a status but a psuedo status. You need to have both applied for prior to your current status expired. COS requests for F1 have been approved as quickly as 30 days in few cases that I know of.

[abcv6503]

Default H1 to F2 and H4 to F1, complicated situation, help requested

Please let me know what status will we be in during the process of application after receiving the receipt but at the same time my employer cancelling my H1.

[txh1b]

You have been told what it is.