F1 to H4 COS while H1 not started

USA L1, L2 Visa
1

Hi,

I am currently in F1 OPT and have applied for H1b and my petition got selected in lottery. My Wife is currently in US on a F1 visa. Due to personal reasons she needs to change her status to H4. Would you please answer the following questions?

1. Assuming my H1 is approved, can she apply for H4 COS before Oct 2013(my H1 start date)?

2.If she can apply for H4 COS before Oct 2013, what will be her status from the time of H4 approval to Oct? Will she be out of status if she doesnt take courses during this period? Currently to maintain status, she needs to be registered for 9 credits this Fall starting Aug 2013.

3.If her H4 COS is approved before Oct, can she still take courses before Oct?

Thanks a lot.
2

  1. Yes, she can and give her H-4 start date as Oct 1. Until then, she will have to maintain her F-1 visa status

  2. Her H-4 will become effective from Oct 1 and she will remain on F-1 status until that time

  3. Yes, whatever it takes to maintain her F-1 status