Travel on F2 when husband's H1b is in process

[mavsrules]

I am on STEM OPT Ext - F1 expiring in July'11 with my wife on F2 dependant. My H1b will be filed by the employer in April'11. My wife has to visit my home country in May'11 and will return in May'11 as well. I will definitely apply for cap I-20 when necessary. Doubts:

1) Broadly, is it safe for her to travel and leave USA considering my H1 request will be with USCIS ?
2) Can she return on F2 (its valid till July'11, of course) ? Any known issues at POE ?
3) When should I apply for her COS to H4 ?


Appreciate the help!

[kabkaba]

She should be able to return easily in May. But don't take it too close to your OPT expiration date.

When your employer files H1 petition with change of status in April, your wife should not file her own change of status with it. (Make sure your employer's attorney understands this, since some just make assumptions and file on behalf of spouses)
After she returns in F2 status and before Oct 1, she must file for COS. This is of course assuming your change of status is granted or pending.

[mavsrules]

Thanks kabkaba.
1) Since my OPT and her visa expires in July'11, will it cause any probs. for her at immigration on return. For eg., questions like: His OPT is ending soon, what is your intention to return ? I ask this since she travel in May'11 which is pretty close to expiration.

2) Considering the negative, if she is declined entry and my H1 petition is approved, can she apply for H4 in my home country (in Oct.) irrespective of my H1B visa stamped or not ?

[kabkaba]

Thanks kabkaba.
1) Since my OPT and her visa expires in July'11, will it cause any probs. for her at immigration on return. For eg., questions like: His OPT is ending soon, what is your intention to return ? I ask this since she travel in May'11 which is pretty close to expiration.

That's why don't get the entry date too close to July. May is fine.

2) Considering the negative, if she is declined entry and my H1 petition is approved, can she apply for H4 in my home country (in Oct.) irrespective of my H1B visa stamped or not ?

Yes, she can apply for H4 Visa and her denial of entry will not affect the chances. But this is very unlikely to happen.

Answers above.