Change of status from H4 to F1 and H1B visa transfer for Spouse

Hi All,

We are into a tricky situation right now. My husband is on H1B visa (Company A) and I am on H4 (Company A). I am planning to pursue masters in Fall 2015, and would like to apply for Change of status from H4 to F1. My husband wanted to find a job nearby to a the university I wanted to study and he has got one. The new company (Company B) is initiating his visa transfer process. It will take may be a week to get the receipt for transfer.

I had the following questions:

  1. Should I apply for my COS now? I have all the documents ready with me, but the H1B petition is from the Company A of my husband. Will it be safe to apply with all the documents eg. salary slips, H1 petition etc from company A.

  2. My husband H1B is to be transferred to Company B, will that effect my COS process?

  3. Incase my husband’s H1B gets transferred within a month, and my COS is still in progress will I be out of status.

  4. 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.