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  • Change of status H4 TO F1

    Hello everybody,

    I applied for a change of status from h4 to f1. I am already in US on h4 visa. I want to start my MS from this fall (aug. 18th). I applied for my F1 visa on may 27th. Can someone please tell me when I can expect my visa. I am really tensed because my college is going to start and I still dont have my visa. Someone please help me

    Thank you,
    divya.

  • #2
    I assume you applied for change of status using form I-539. Applying for Visa is different, you do that when you are outside the US at a consulate or embassy.

    It takes 2 to 3 months to get a decision on your change of status application. While you are waiting, you are allowed to study in H4 status. However you cannot perform on-campus work before the change of status gets approved.
    This is my opinion and not legal advice.

    Comment


    • #3
      Hello,

      Thank you for the reply. Yes, you are right. I applied for change of status using I-539 form. I will have many advantages if I start my MS with F1 visa.
      The USCIS website has given the processing time for such cases in the center I applied as 2.5 months. So, Will it be done definitely within the given time frame. Is there anything I can do to expedite my case. I will loose my career options without this. Please help me.

      Thank you,
      Divya.

      Comment


      • #4
        Unfortunately there is no way to expedite it. Like stated above, you can start your studies on H4 status right away.
        This is my opinion and not legal advice.

        Comment


        • #5
          Thank you for the information. Just one last question, can we expect the processing times mentioned in the website to be accurate. Are they met most of the times ? Because according to that I should be getting my response in 2 weeks.

          Thank you,
          Divya.

          Comment


          • #6
            Divya,
            Please post your updates. I am in the same situation as you.
            Did you get your COS ontime? were you able to start your school?

            Thanks,

            Comment


            • #7
              H4 to F1 while my H4 extension is pending?

              Hello all,

              Someone please help me.

              I applied for my H4 extension along with my husband's H1 extension 3 months ago, and it is still in process. Meanwhile I got an I-20 from a school and really want to start this spring'12.
              Can I apply for my F1 COS anyway? or
              wait until the extension gets cleared?
              Can I apply 2 COS/petitions same time?
              How long it may take to COS H4 to F1?
              In case if I apply for H4 to F1 and still waiting, can I join the school being on valid H4?
              and then will I be considered a F1 when I get the COS approved (H4 to F1)?

              I'm totally confused with all these questions, everytime I start to think of doing something like this, we will end up being in middle of an extension or employer change, and remain in same state.

              Really appreciate your help

              Thanks,

              Comment


              • #8
                Please find my answers.
                Originally posted by student1 View Post
                Hello all,

                Someone please help me.

                I applied for my H4 extension along with my husband's H1 extension 3 months ago, and it is still in process. Meanwhile I got an I-20 from a school and really want to start this spring'12.
                Can I apply for my F1 COS anyway? or
                wait until the extension gets cleared?Wait until the extension is cleared. Your F1 COS will get rejected without a vvalid H-4 status.
                Can I apply 2 COS/petitions same time?Not sure on this one
                How long it may take to COS H4 to F1?Depends on your processing centre, but typically it itake 2-3 months
                In case if I apply for H4 to F1 and still waiting, can I join the school being on valid H4?you can deifnitely start school onh-4(even though you are currently waiting for the approval ). So go ahead. Once the H4 approval comes through,tell the school to issue new I-20(with changed date) and then initiate COS
                and then will I be considered a F1 when I get the COS approved (H4 to F1)?yes, u r considered F-1 once COS is approved

                I'm totally confused with all these questions, everytime I start to think of doing something like this, we will end up being in middle of an extension or employer change, and remain in same state.you should just start off with H4. no problem with that. also, if your school is a public university and you are a resident of that state, you may be eligible for in-state resident tuition.

                Really appreciate your help

                Thanks,

                Comment


                • #9
                  nehs,

                  Thanks a lot for your answers. One small correction in my previous post.
                  I still have a valid H4, I have applied for change of employer along with my husband's H1b.

                  Now, my question is can I apply for COS to F1 while my H4 (along with my spouse's H1B COE) is in process? or I should wait until it gets through and then apply for a F!?

                  Thanks,

                  Comment


                  • #10
                    Originally posted by student1 View Post
                    nehs,

                    Thanks a lot for your answers. One small correction in my previous post.
                    I still have a valid H4, I have applied for change of employer along with my husband's H1b.

                    Now, my question is can I apply for COS to F1 while my H4 (along with my spouse's H1B COE) is in process? or I should wait until it gets through and then apply for a F!?

                    Thanks,
                    From what I have read(don't remember the source, I think it was USCIS), the current visa(H4) needs to have atleast 30 more days to its validity when you file a COS. So a change of emplyer is ok,as long as you have a valid visa status - you should be fine.
                    If you are still unsire then start school on H4 and talk to the DSO once you join school.

                    Comment


                    • #11
                      Originally posted by student1 View Post
                      nehs,

                      Thanks a lot for your answers. One small correction in my previous post.
                      I still have a valid H4, I have applied for change of employer along with my husband's H1b.

                      Now, my question is can I apply for COS to F1 while my H4 (along with my spouse's H1B COE) is in process? or I should wait until it gets through and then apply for a F!?

                      Thanks,
                      I'm not sure on this second question but I would wait till the H1 transfer is approved. What is your exact problem? Can you not start classes on H4? Why don't you wait? I'm asking you this because I'm not sure if I'm missing something.

                      Comment


                      • #12
                        Originally posted by nehs View Post
                        From what I have read(don't remember the source, I think it was USCIS), the current visa(H4) needs to have atleast 30 more days to its validity when you file a COS. So a change of emplyer is ok,as long as you have a valid visa status - you should be fine.
                        If you are still unsire then start school on H4 and talk to the DSO once you join school.
                        Thanks nehs, this helps... i'm in a little bit clear state now.

                        Thanks,

                        Comment


                        • #13
                          Originally posted by student1 View Post
                          Thanks nehs, this helps... i'm in a little bit clear state now.

                          Thanks,
                          Good to hear...Good Luck!

                          Comment


                          • #14
                            Documents for COS H4 to F1

                            Hello all,

                            Could someone help me out to find what are the documents I should submit for a COS from H4 to F1? Also if I am filing my I-539 online, do I still need to mail any supporting documents? If so, what are they? Do I really need a lawyer for this? Can I do it myself?

                            Thanks for your help.

                            Comment


                            • #15
                              H4 to F1 visa change

                              Hi,
                              I am right now on H4 visa. I have got admission for MS from Fall. I am now planning to apply for a change of status. It would be of great help if you could answer my questions.
                              1) How long generally does it take for the status to change
                              2) When will I be eligible to work off campus, do internships. I have heard that you need to be on F1 visa for at least 2 semesters to be eligible to work in companies. When will I be counted to be on F1? Is it the day I file for change of status or is it when the status change is completed.

                              Thanks a lot!

                              Prathibha

                              Comment

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