COS H4 - F1 Question

[andy419is]

Hi All,

My wife is currently on H4 Visa. She is planning to do some IT Certification course from an good Technical Institute.
This institute is authorized by SEVIS to provide F1 visa and give CPT/OPT on its behalf. Now, I was thinking
of applying for Change Of Status (COS) for my wife from H4 To F1. This generally takes about 4-5 months (in
Vermont Center) to process.

Now, suppose I file for Change of status H4 - F1 for her in say December 2012 or Early Jan 2013. It will easily take
approximately April 2013 or may be May 2013 for the decision to come up. Now, in the meantime, if we found an employer who files for her H1B visa on April 1st, 2013.

1) What happens to her Change Of Status (H4-F1) case? Will it become void since a new H1B petition was filed?

2) If not, will her Change Of Status (H4-F1) case have any effect on her H1B approval decision?

3) What happens if her H1B Visa gets approved prior to her Change of Status H4-F1 case?

Say, her H1B petition filed on April 1st, 2013 gets approved by April 25th, 2013.
And her Change Of Status (H4-F1) case is still in review state (when H1B got approved), but gets approved by say May 1st, 2013.
What status will she than belong ? H1B or F1?

Please respond .. I need to decide on this asap.

[raghvi]

Hi All,

My wife is currently on H4 Visa. She is planning to do some IT Certification course from an good Technical Institute.
This institute is authorized by SEVIS to provide F1 visa and give CPT/OPT on its behalf. Now, I was thinking
of applying for Change Of Status (COS) for my wife from H4 To F1. This generally takes about 4-5 months (in
Vermont Center) to process.

Now, suppose I file for Change of status H4 - F1 for her in say December 2012 or Early Jan 2013. It will easily take
approximately April 2013 or may be May 2013 for the decision to come up. Now, in the meantime, if we found an employer who files for her H1B visa on April 1st, 2013.

1) What happens to her Change Of Status (H4-F1) case? Will it become void since a new H1B petition was filed?

2) If not, will her Change Of Status (H4-F1) case have any effect on her H1B approval decision?

3) What happens if her H1B Visa gets approved prior to her Change of Status H4-F1 case?

Say, her H1B petition filed on April 1st, 2013 gets approved by April 25th, 2013.
And her Change Of Status (H4-F1) case is still in review state (when H1B got approved), but gets approved by say May 1st, 2013.
What status will she than belong ? H1B or F1?

Please respond .. I need to decide on this asap.

Its never a good idea to file two COS at the same time with the USCIS. One never know what gets approved first. search and read about the last action rule.

As this is a fresh H1 even if your spouse's H1 is approved, her COS will come into effect only from 01-Oct-2103/or later as per petition.

I think if her H4 to F1 is approved prior to 01-Oct-2013 it should be fine and after 01-Oct-2013 she should be working and getting paid by the H1 employer. If the H4 to F1 approval comes after 01-Oct-2013 it will be problematic .

If you want to be double sure that she is on H1 after 01-Oct-2013 the only option would be to go out of US, get H1 stamping and return on H1.

This is my opinion not legal advice.