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F-1 out of status to H4?

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  • F-1 out of status to H4?

    Hello

    I initially came to US in 2011 on F-1 visa, although I just got married and my husband had H1B. I started school, but due to my mistake I overlooked the expiration date on my I20 and by the time I realized it, I was out of status. Due to problems with my professor, I could not complete my masters and planning to transfer to a state school and finish masters on H4 visa. My husband and I are in california and the school I attended is also in the same state. I have two questions regarding my situation.

    1. I am currently out of status, so instead of reinstatement, I am planning to go to India and apply for H4 visa to come back on. Do I have to notify that I fell out-of-status anywhere on DS-160 form or the likes? What are the chances that I might be rejected a dependent visa?
    2. I want to get transferred to another state school and pay in-state tuition on H4. But the school informed me that I should be on h4 for one year before I can establish residency. But my husband is in california since last 6 years, and for the last 2 years we have been filing taxes together also. Our green card process has started 2 years back and I-140 is approved. Since I was in california for the last two years, although I just obtained H4, will I still be eligible for in-state? Can I ask them to consider my case differently as there are so many factors?

    Any information on this would be highly appreciated.

    Thanks!

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