Issue with Change of Status (F1 to H1)

[jkoshti]

Hi Lana,
I am currently on F1 visa, my H1B was approved under consular notification. Later, in August 07 my employer filed for my change of status (from F1 to H1) so that I do not need to leave US before starting to work.
After getting my COS approval notice my employer realized that they forgot to apply COS for my dependents (who are currently on F2). So, they applied for COS of my dependents immediately, but have not heard any thing so far.

Since my COS is approved, I believe I have to start working for my employer starting 1st Oct 2007.
If I do not get any update on my dependents COS application till 1st Oct,
- will they be out of status (since my F1 will not be valid any more)?
- Do they need to leave country? what should be they doing?

Thanks in advance.
Regards,
=JK

 

[ImmigAttyLana]

NO, as long as their COS was FILED while they were still in status and while you were, they are fine.