F1 to H4 and then back to F1

[dgrajan]

I am writing this seeking your kind help/advise/opinion on my wife's status. She is on F1 (initially changed from F2 to F1) and myself on H1 (I have also applied for EB1EA I-140, with her name on it, and have received RFE, NSC). Last month we had a baby and now my wife wishes to stay with the baby for atleast 6 months. Her advisor, however, does not want to pay her during this time (which is understandable). But in order to maintain her F1 legal status she has to register for some credits. But to register and avail the tuition remission (which if we pay by ourselves is a huge huge amount), she needs to be on the payroll (i.e. be paid, which the advisor does not want to). So, I am thinking of changing her to H4 for the next six months, and then back to F1 again later.

My questions are:
1. when should she apply for COS to H4 (before/after the start of the semester)
2. when she awaits the decision, is she in status even if not registered for the semester
3. is it very hard to change back to F1 (given I am in the process of GC)
4. Is there any other option.

Thank you very much for your kind help.

 

[LucyMO]

1. when should she apply for COS to H4 (before/after the start of the semester)

if she doesn't want to pay the tuition for that semester, then - before the semester starts. Once she applies for a change of status, she doesn't need to go to school in F-1 status, but she needs to warn her international advisor that she is changing status.

2. when she awaits the decision, is she in status even if not registered for the semester

Yes, see above

4. Is there any other option.

She can go back to her own country or change status to B1/2, but why would she want to? H4 is the best option for her.