Question regarding change of status

[makky]

Hi Everyone

I am planning to file for Change of status (CoS) in June as i am starting school in August. Meanwhile my wife who is on H4 has found a full-time position and her employer will be filing for her CoS from H4 to H1 in the next couple of weeks.

So is it ok for me and my spouse to file for two different CoS at the same time. Also, if my CoS is approved in August/September, will my wife be out of status as she cannot start work before October. As i understand, H4 is an addendum visa to H1 and when my visa status has been changed to F1, what will be the status of my wife's visa? Any clarification in this regard is greatly appreciated. Thanks.

[shervin143]

If you are converting to F1 in August, then you should also file F2 for you wife. Otherwise she will go out of status on H4. It is not advisable to file multiple change of status petitions for the same individual at the same time. The status will change as per the last petition that becomes effective. Search and read about the last action rule.

[makky]

If you are converting to F1 in August, then you should also file F2 for you wife. Otherwise she will go out of status on H4. It is not advisable to file multiple change of status petitions for the same individual at the same time. The status will change as per the last petition that becomes effective. Search and read about the last action rule.

Thanks a lot for your clarification Shervin. Appreciate it.