H4 to F1 transfer colliding with H4 extension

[skul1975]

Hi,
I am on H1b visa and the H1 is valid till Sep 2014. My wife who is on H4 is planning to start a Masters program at a University from May 2014.
My confusion is that if we apply for H4 to F1 COS some time in Feb-Mar then if it gets delayed it will collide with the H4 extension process.
I believe for an H4 expiring in Sep, we need to apply for an extension some time in April-May. So we get an RFE in H4- F1 process and H4 expires in sep then my wife will not have a valid visa. We need F1 for on-campus jobs and CPT.

1. Please advise if we have to start the Masters on H4 and apply for H4- F1 COS only after we get H4 extension in Sep 2014.
2. Will it be an issue if we get H4 extended and immidiatedly apply for COS ?

Please help...

[kabkaba]

Don't file the H4 extension if change of status is already filed.

If change of status is denied, the last date to file H4 extension is current H4 I-94 expiry date. If change of status is filed in Feb/Mar you will definitely get a decision before September.

[deril]

Hi,
I am on H1b visa and the H1 is valid till Sep 2014. My wife who is on H4 is planning to start a Masters program at a University from May 2014.
My confusion is that if we apply for H4 to F1 COS some time in Feb-Mar then if it gets delayed it will collide with the H4 extension process.
I believe for an H4 expiring in Sep, we need to apply for an extension some time in April-May. So we get an RFE in H4- F1 process and H4 expires in sep then my wife will not have a valid visa. We need F1 for on-campus jobs and CPT.

1. Please advise if we have to start the Masters on H4 and apply for H4- F1 COS only after we get H4 extension in Sep 2014.
2. Will it be an issue if we get H4 extended and immidiatedly apply for COS ?

Please help...

Hi,
In my opinion, your wife should apply for COS right away. Once applied for COS even though the current visa expires, one can stay in USA until the decision comes on COS. You will not get RFE unless your documents or some records or not matching. or if there is any confusion. if all the documents are correct and there is no confusion then you will not get RFE.

Your wife can start schooling on H4, On h4 she can take as many courses she wants but once she gets F1 she has to register for 9 credits.
And one applied for F1, you dont need to worry about extending H4

[kabkaba]

For the above advice, if change of status to F1 gets approved, she must join the school full-time from the earliest available semester.

[skul1975]

H4 to F1 transfer colliding with H4 extension

Thanks for your replies. It was very helpful.