H4 to F1, H1B renewal question.

[ag11]

Hello,

Could you please suggest what would be ideal steps I should take.

My H1B and my wife's H4 complete 3 years in Dec 2008. I want to renew my H1 and convert my wife's status to F1.

My wife has applied for H4 to F1 transfer (i539) in June 2008. Vermont shows Oct 2007 as the current processing date, but the school is telling that she should have approval in next 2-3 month.

Should I file for her H4 renewal too right now with my H1-B renewal? From my reading it looks like i539 is the form for H4 renewal - if so could there be an issue with the old i539?

I have been searching through a lot of forums but could not pin-point to the ideal forms/solutions. Any advice

would be greatly appreciated.


Regards,
ag

[txh1b]

Last action rule is what you should search and look for. The last status approved holds good. If she wants F1 immeduately, she should go for a visa stamp and enter on F1.

[ag11]

Last action rule is what you should search and look for. The last status approved holds good. If she wants F1 immeduately, she should go for a visa stamp and enter on F1.

txh1b - thank you very much for the advice. I reviewed the last action and that clears a lot of questions in my mind. I am not in a hurry to convert her to F1, but do not want to have her go out of status.

One more question: Her H4 status expires on Dec 31st 2008. I will apply for my H1 extension approval next week. If her "H4 to F1" approval does not come by Dec 31st 2008, will she be out of status? or does the 240 day rule apply for her too? she has got a receipt notice in June 2008 for I-539.

Regards,
ag