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Change of Status : H4 to F1

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  • Change of Status : H4 to F1

    I came to the USA 2 years ago on a H4 visa . I decided to study and applied and got admitted into a reputed university. But, I have a situation. My current H4 visa expires on the 15th of June. (A renewal application is being processed by my spouse's company). In this situation, if I try to exit the country and give my F1 interview in India, my renewal application gets nullified.

    Now, if I get my F1 stamping I'm good. But, if it gets rejected (I really hope it doesn't) I will not be able to return back to the US anytime soon. This would be a problem, because I have a 5 month old baby and I need to get back to her. My curricular requires me to be cleared for CPT.

    I'm very unclear about what happens to the OPT/CPT part of the F1 status, if I opt for COS. Could someone please clarify the same? Also, if I decide to exit the country go back to India and give my F1 interview, what are the types of questions can I expect in my situation. Would me having a baby that was born in the USA be an issue ? Thanks for reading this far and, Thanks in advance.

  • #2
    Change of Status H4 to F1 : I-539 in process

    Hello,

    My case for change of status from H4 to F1 was received on April 24, 2017 at Vermont service center. No updates yet.
    Fall sem starts on August-7-2017. Not sure if decision will come by that time.

    My H4 visa is valid till Nov-18-2017. I have asked university if I can start my semester with H4 but not received any response yet.
    In case University responds saying they will defer my admission to next season what are my options to start Fall 2017?

    Should I go to India and get F1 visa stamp? I still have couple of months for that. If it gets rejected I can still enter on H4 and get it extended.
    If I go to India will my H4 to F1 COS get cancelled automatically or I have to inform USCIS to cancel my case?

    Any suggestion would be greatly appreciated.

    Thank you!

    Comment


    • #3
      You could go to India and get F1 stamped. Once you leave the US, your COS petition is typically automatically cancelled, since you have no status to change. As you mentioned, you can always use your H4 to reenter in case your F1 is rejected.
      Just an opinion; Not legal advice.

      Comment


      • #4
        H4 to F1 in case of nullity of marriage

        Hi,

        Can we apply for change of status from H4 to F1 without any Husband's documents, as the Nullity of marriage is in process, so we cant ask for the documents.
        For financial capability to study, we have shown parent's account in India. Is it still required to show Husband's documents, of any kind, or consent from Husband?
        Please help!
        Thanks!

        Comment


        • #5
          I think it is bit of a late reply, but you should be able to start your studies in H4 and wait for F1 decision to come. What did you do?

          Originally posted by tbh15 View Post
          Hello,

          My case for change of status from H4 to F1 was received on April 24, 2017 at Vermont service center. No updates yet.
          Fall sem starts on August-7-2017. Not sure if decision will come by that time.

          My H4 visa is valid till Nov-18-2017. I have asked university if I can start my semester with H4 but not received any response yet.
          In case University responds saying they will defer my admission to next season what are my options to start Fall 2017?

          Should I go to India and get F1 visa stamp? I still have couple of months for that. If it gets rejected I can still enter on H4 and get it extended.
          If I go to India will my H4 to F1 COS get cancelled automatically or I have to inform USCIS to cancel my case?

          Any suggestion would be greatly appreciated.

          Thank you!

          Comment


          • #6
            H4 to f1 change of status

            Hi,

            Have you received any decision? how many months did it take them to process your case. I have applied on 3rd August 2017 but no reply yet.


            Originally posted by tbh15 View Post
            Hello,

            My case for change of status from H4 to F1 was received on April 24, 2017 at Vermont service center. No updates yet.
            Fall sem starts on August-7-2017. Not sure if decision will come by that time.

            My H4 visa is valid till Nov-18-2017. I have asked university if I can start my semester with H4 but not received any response yet.
            In case University responds saying they will defer my admission to next season what are my options to start Fall 2017?

            Should I go to India and get F1 visa stamp? I still have couple of months for that. If it gets rejected I can still enter on H4 and get it extended.
            If I go to India will my H4 to F1 COS get cancelled automatically or I have to inform USCIS to cancel my case?

            Any suggestion would be greatly appreciated.

            Thank you!

            Comment


            • #7
              Hi everyone,

              I have got admission in a reputed college in USA in MS in Business Analytics program which is a one year program. I currently live i USA with my spouse on an H4 visa. To be eligible for this STEM qualified degree I will need to convert to F1 visa. What is a good option:
              1. Going for a COS from H4 to F1? This option takes longer processing time and since it is a one year program this option is less recommended.
              2. Going back to India and get F1 stamped by attending F1 interview?
              To be eligible for OPT a student needs to be on F1 visa for two semesters ( 9 months) Will the time spent studying on H4 visa be counted towards OPT eligibility if I go for visa stampping in between ?

              Comment

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