H4 to F1 (with H4 to H1B pending)

[explorus]

Hello. I am looking for advice on an H4 to F1 transfer (with a few complications thrown in for good measure)

1. I am on an H1B and my wife on H4
2. I changed jobs and a H1B and H4 transfer is still pending (we have the receipts)
3. In the meanwhile my wife applied to both school and job
4. She’s got an admit to a univ as well as a H4 to H1B transfer receipt at the same time
5. Now if she wants to go to school, would it be difficult to change her status to F1 (H4 to F1 with H1B pending)?
6. And what happens if I decide to leave the country for a few months (with my H1B transfer pending)? Can she stay back while her paperwork is going on?

Thank you.

 

[jaxen]

You have landed your spouse in a mess. You have to withdraw the petitions that you are not interested in pursuing...
Here is what I suggest based on what approval comes first.

1. F1 is approved. Spouse want to attend school. Withdraw H1, H4
2. H1 is approved and spouse want to work, withdraw F1,H4
3. H4 is approved- wait for the next approval before withdrawing other.
Although last action rule determines your spouse's status, after they approve F1 or H1 USCIS might reject the other petition putting the status in jeopardy. So Stick to either F1 or H1 whichever comes first. My opinion.