My husband got laid off on October 2nd,2017 with company A and got a job with joining date November 13th,2017 in company B. Company B applied for H1b transfer, however received an RFE and Company B is working on RFE reply. I have joined college for higher studies in masters on October 23rd,2017. I had the following questions:1. Can i apply for change of status from H4 to F1 now? or should i wait for the RFE approval of my spouse H1b transfer as my H4 dependent is also filed along with it? 2. If i initiate the my COS now before RFE approval, will I be considered out of status.3. Should I wait for my husband H1B transfer and then initiate my COS process.Please let me know, what would be the best possible option to go ahead with.Please suggest .Its very urgent!
Yes, you can. Technically, you are still in status as there is no rejection yet.
No, you will be considered in status.
Well, it is up to you, you can take the decision based on your situation. worst case scenario, if something does not work out for your spouse, you will be covered, if you apply for F1 COS now. I suggest you speak to your DSO and take the decision. Also, you should speak to your spouse’s attorney and clarify this to be safe.