F2-F1 applied. Husband's H1B approved

I am currently in the US on F-2 Visa. My husband is currently on his STEM OPT. I have a query regarding my current visa status. I have an I-20 from University of Notre Dame for Fall 2020 and have filed COS from F2 to F1. (Receipt date: 05/20/2020) My husband’s H1B has been approved and will start from October 1st. I haven’t filed for COS to H4 as my COS to F1 is already in process. The University allows F2 status holders to atudy part time.

  1. So, considering my current situation, can I start studying part-time on F2?
  2. Will I be out of status from October 1st? or can I stay and study part time as I had filed my COS early? Does this come under authorized period of stay?
  3. Do I also need to file COS to H4? Can two COS applications run parallely?

Your reply will be highly appreciated.

  1. Well, you may until October 1st as your status would be still F2. After that, it gets tricky. Your DSO should clarify, if you can study after that as your spouse moves to H1B, you do not have primary F1 anymore for you to have F2 status.
  2. Again, this is tricky situation, you need to ask your DSO on this. F1 COS takes time and maintaining status is important.
  3. You can file for H4 COS, if you want to be safe. But, the timing of what you get is what is most important as last one that comes take precedence.

I suggest you talk to your DSO and an attorney and plan it out.

Thank you for your reply. Considering this, if I my COS to H4 is pending after Oct 1, am I legally allowed to continue my part time study that I started on F2? What will be my status after Oct 1?

This is the tricky part, it all depends on your School and DSO. You need valid status to continue studying as DSO may need to put it in their system, so double check with DSO on this.

Dear Anmol Shamani,

Did you get any update on your COS application? My wife is in the exact same situation. We applied for COS on May 7th. The COS is still under review. She enrolled for an online course this fall. We were hoping to hear back something at least next month. Please let me know if you have any update? Thanks, MSB

Hey! I haven’t heard back yet.

Did you file the bridge gap I-539 with an attorney?