Information regarding F1 to H4

[naren51]

Hi All

I am a H-1B visa holder. My wife is planning to transfer from F1 to H4 on June 30th. Her Quarter classes at school don't start until July 2nd week. Once she applies for transfer can she quit going to school and register for classes. Also i am applying for H1 transfer by the last week of July. I know i cannot apply for H1 transfer until she gets her H4. Say if she doesn't apply for transfer and if i apply for H1 transfer along with her H4 until then can she not go to school and be in status.

Thanks ......in advance
Naren.

[txh1b]

Your wife has to apply for a COS to H4 before her classes begin. But any summer semesters are optional and a student need not take classes to maintain F1 status.

If she does not apply for a COS before the classes begin and wait for you to file for a H1 transfer along with a H4 COS, it will be too late (if the semester is a mandatory one to maintain F1 status) and she will be out of status and no further status changes will be allowed by USCIS.

Who said you cannot apply for a H1b transfer while a H4 COS request is pending? They are wrong. It might result in a RFE to provide proof that you are maintaining H1b status still and request your latest paystubs but nothing more than that.