Chutan

I was a H1 visa holder, working full time and I've decided to
attend school.



My attorney advised the following. I'd file for a H4 visa (I am married
to another H1), and then file for F1. The reasoning is that H4 visa is
a fall back in case F1 is not approved for some reason.



So currently, I've two applications still pending, is that a problem?

I539 H1b to H4 Filed Oct 2003

I539 H1b to F1 Filed Nov 2003



I expect H4 to be approved in 2-3 months, after that, I'll be able to
attend school using H4 while waiting for F1 (6-8 months) to be approved.



However, my attorney advised against studying before my F1 is approved,
due to the fact that my I539 is petitioning to change from H1B to F1 not
H4 to F1. Is this a valid concern?