Change of Status for F2 | Transition from F1 to H1

[AbhiMaj]

Situation is for our daughter who is on F2 tagged to her mother's F1. Her mother's H1-B has been approved this year so effective Oct 1 she will get F1 status.

Now my H1-B is also picked up this year but is still pending. My Employer filed my daughter's H4 along with me as per our preference. Are we looking at our daughter being out of status from Oct 1 if my H1-B application isn't approved by Sep 30? What would be the best possible way to avoid this?

 

[newacct]

Are we looking at our daughter being out of status from Oct 1 if my H1-B application isn't approved by Sep 30?

She can legally stay in the US while her Change of Status application is pending, even if she goes out of status in the meantime. If the Change of Status is approved, they will almost certainly backdate the period of admission of the new I-94 to start on Oct 1, to match the H1b's start.