H-1 TO F-1, WHEN TO APPLY for COS.

[supender]

My H-1 B visa stamped for an employer A is valid till Nov 2010, I switched job to employer B with COS and petition approved till NOV 2011. My wife has an I-140 pending through her employer ( she is on H-1B). I have gotten in to a PhD program staring Fall 2010. Can any one please guide me how soon can I apply for COS for F-1.I have been told if MY COS application is reviewed more 30 days before the starting date on I-20, it will be denied since I cannot be in the U.S. in F1 status more than 30 days before 9/1/2010. Is it true, is there a way around it.My six year H-1B is getting over on Nov 2011 and I would need to have a I-140 filed before Nov 2010, in case F1 is denied.

[kabkaba]

You must be working with the H1 employer until change of status is approved.
Change of status may only be approved from less than 30 days before start of classes as per I-20. You should apply about 3 months before this date to allow for processing time. Clearly mention in your cover letter that you are maintaining H1 status until at least 30 days before start of classes and requesting the COS only after that date.