Legal in USA while H1 Pending but what about spouse?

[virajs]

My OPT officially ended on May 31st and my 60 day grace period will end on August 1st. My H1B is pending and I was advised that I'm legal in USA even after August 1st as long as my H1B is still pending (In other words I have to wait till I get the approval before I leave the country to get it stamped because if I leave while it's pending then my application will be considered as abandoned).

The H1B was filed only for me and my wife is on F-2. Is she also legal after August 1st because my H1B is pending or is she at a risk of going out of status after August 1st when my 60 day grace period expires. Thanks in advance. Professional advice would be very much appreciated.

[waitin_toolong]

your wife does not get automatic H4 for your H1 apply her H4 on the basis of your pending H1 application, and requested they be decided together.

who advised you in this case to not file for her H4 at the same time, you need money back.

[virajs]

I was told by the company that filed my H1B that H4 for spouse can be always filed later because H1B does not start still October. I will definitely file for H4 by that time if change of status is approved or if I have to leave the country to get it stamped because of the gap then apply for it at that point.

The situation after October is clear. She has to be on H4. Until August 1st, she is on F2. What is not clear is the period between August 1 and October 1 when I'm allowed to stay while the application is pending until approval is received.