F2 to H4 Visa conversion and Travel

[ajain82]

Hello,

I am currently on F1 OPT (with end date 7-July-2014, which can be extended to 30-Sep-2014 through Cap Gap extension) and my wife is on F2 (as a dependent on my F1 visa). My employer will be applying for my H1b visa in April 2014. My wife will be giving birth to a child in mid Sept 2014. However, her F2 visa status will be ending on 30-sept-2014 (when my OPT will end).

Can she stay in US (after 30-Sept-2014) on my approved H1b visa petition because it will take some time (at least a month) for my child to get the PIO card so that we can travel to India to get H1b and H4 stamped for myself and mywife?

Can we apply for her change of status from F2 to H4 when I will be applying for H1b petition so that she can stay in US after 30-Sept-2014?

Is there any option to travel to Canada to get the visa H1b/ H4 stamping done for myself and my wife?

thanks
abhishek

[kabkaba]

She should also file change of status to H4 along with the H1 petition.