Paraller H1 and COS (H4 to F2) Query

[tooty_p]

I am currently in a dilemma with respect to my spouse's visa condition and would like to solicit opinion on how best to resolve this.

I am currently on an H1B (spouse on an H4) with my present company. We are planning on changing status (myself from H1 to F1 and spouse from H4 to F2) next week and I then plan on quitting work on June 30th. Hence subsequent to June 30th, both will be in valid pending status based on our COS application.

However my spouse will most likely be getting offers from companies for an H1 visa starting next week. Towards getting this H1, what is the best recourse/action to take?

Should she have the company file her H1 and ask for consular notification or should she ask for change of status along with the H1 filing? If she does ask for change of status, I have heard of something called "last action rule" that could kick in and work against her (given that we will also have a paraller COS application filed
for her to convert from H4 to F2). Could any light be shedded on this and the ramifications it holds?

Further if filing for H1 after June 30th and asking for change of status, what is the necessary document that needs to be provided given that all we will have is the receipt from USCIS saying that a COS application (from H4 to F2) has been applied for? Will this suffice?

Thanks in advance for your inputs.

 

[jaxen]

Best recourse will be to do a H1 regular, go out of US after approval (thus abandoning the H4 to F2) and get the stamp from a US consulate outside US. Also remember, since it is H4 to f2 to H1, your spouse might be subject to H` quota which means that start date would be Oct, 2004.

 

[tooty_p]

Thanks for your response. Clarification needed

Jaxen,

Thanks for your inputs. Couple of follow-up clarifications.

When you say file a regular H1, did you mean filing it as a non-premium H1?

Secondly, once the H1 approval comes through valid for Oct 1st 2004 onwards, should she leave the country immediately or can she wait it out till near Oct 1st before leaving the US for her stamp (given that we will have a COS application pending to F2 which allows us to be in valid status till Oct 1st 2004).

Thanks in advance for your inputs.