Can H4 extension and COS H4 to F1 happen simultaneously?

[AVR.]

Hi all,

I'm currently under H4 visa.Both my husband's H1 and my H4 expires on 31 August 2014. Meanwhile I have been offered I-20 from the university where I plan to start my M.S. ,this Fall 2014.The classes are supposed to begin from 11 August 2014.

Using the I-20 issued from the university, I made the SEVIS payment and also filed the form I-539 through USCIS ELIS on 3 May 2014 for change of status from H4 to F1. The application status shows that it is under Intial review or being processed.

And now, my husband's company is in the process of applying for an extension of his H1 and my corresponding H4 visa.The documents have not yet been submitted to USCIS.

I'm now confused whether to proceed with submission of H4 extension or not!
Can you please let me know if both the process(the COS to F1 and H4 visa extension) can take place simultaneously without any hassles?

What would be best course of action now?

Please reply if you have any knowledge in this regard.

Thanks in anticipation,
AVR

[kadkhiq81]

Can H4 extension and COS H4 to F1 happen simultaneously?

You don't need to apply h4 extension as it would get the decision after your F1 decision and you need to apply another COS to F1 as per last action rule, (but If the F1 COS get denied for any reason after the I 94 expiry, then all those days you hAve spend in the US would consider as illegal.)

As per the law, You are waiting for USCIS decision and you have applied your COS well before your current I 94 expiry. So, You are good in that.
( Or )

You can try this option. 1. Cancel F1 COS, apply H1/H4 extension in premium. Once it is approve, You can apply COS to F1 again. You don't have to wait until you get the decision as you can join the course in H4 as well. By the time, you get F1 decision, you can utilize it for your OPT.

I know it is bit expensive but you will be free from all the unnecessary worries about STATUS.

This is my opinion..

[AVR.]

Hi kadkhiq81

Thanks a lot for your reply.

I would consider your option but there is serious doubt that premium processing will be offered by my husband's company. They do it only under specific business case only and my situation wont fit that.

Can you please provide me your opnion in the following case,

Suppose I go ahead for the normal H4 extension now and also allow the F1 processing simultaneously. And assume that my H4 is approved after my F1, according to the 'Last action rule" H4 would be my status then, right?

So according to this,

1.Can I apply for F1 after I get my new extended H4 and if so, can I apply for COS(H4 to F1) immediately or how long should I wait?
2.Will any problem arise if I apply for F1 because of my history that I was once approved F1? Will that cut down the chances of getting F1 anytime in future?

I would also like to know,
How much difference does it make,withdrawing my COS application now ?
Since I'm going forward with F1 application and also H4, my F1 visa even if approved will be of no use because of the latest H4 then.

Thanks in anticipation,
AVR

[GradStudentUSA]

Re: Can H4 extension and COS H4 to F1 happen simultaneously?

Hi AVR,

I'm in the same situation as yours.
Can you please share what action you took?

[varunrawal]

Hello, l might be beating a dead horse here. But I am in a similar situation. I am intending to start studying on H4 from August 2020. However, my H4 expires August 25 2020. My H4 ext is filed with H1b under normal fashion.
Do I have to wait for the H4 to get approved before I file the COS H4-F1. Also, afer my COS filed if I plan to travel to India ( do i need a new appointment as we get for a F1 visa to get stamped?). Thank you for the help