Wife's Travel and her F2 to H4 Change of Status

USA H1B Visa
1

I’m on F1- OPT ( about to receive my 24 month OPT extension ) and my wife is on F2. My company is applying H1B for me this April ( '17 ). They are applying it in Change of Status. We both are planning to go to India next week ( March 6th, '17 ) and I am planning to come back by March 30th. But my wife wont be able to come back until atleast 15th April '17. My company is applying only my H1B as of now and they said they’ll apply my wife’s CoS application if my H1B petition is selected in lottery. My company applies H1B in premium processing. I have the following questions-

  1. Can my wife come back on her F2 visa around April 15th, '17 even though my H1B petition is pending?

  2. When should I/my company apply CoS for my wife? Anytime before October 1st, '17?

  3. Does her not being in the US while my H1B was pending/approved affect her CoS application?

Please do not advice to contact my attorney as a Google search is better than the answer my attorney gives. She always says “I dont have the info with me right now, I will research and get back to you” but never comes back.

2

I am on the same situation Now. How did it go for you? Your response is highly appreciated.

3

@PraveenH My wife came AFTER my H-1B approval. She got her H-4 done in India and then traveled. But AFAIR, my attorney had told me back then that my wife can travel in F-2 even though my H-1B application was pending.