H4 OverStay impact on spouse's H1 PERM Process

USA H1B Visa
1

Dear All,

My PERM was filed on April 2020 & I waiting for the approval. My H1B VISA is going to max out on June 15th, so my employer asked to leave USA at the earliest. We have a US daughter 3 months old & we have applied for the passport & haven’t received it yet.

So I cannot leave my daughter here alone. So I was thinking of option of B2. My company says change of status is not good as it might max out my H1B. Because the approval date might come with the current date instead of date of apply.

So I am considering to apply change of status for my spouse who is on H4 to stay with the baby & they would travel back once my daughter gets passport & travel opens.

My question:
If H4 change of status is applied & might consider overstay if the approval does not come with the date of apply, will it have any impact on my H1B validity? I want to keep 1 week of validity to get extension once my i140 is approved.

Please help me clarify.

2

No, it will not have impact. In fact, it is the best thing to do to with the options you have got.
After they apply for COS, they can leave, even if you do not hear back from USCIS. Your stay would be considered period of authorized stay. So, it is fine. Read below.