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Need help on H4/H1 and F1 visa

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  • Need help on H4/H1 and F1 visa

    Hi,

    This forum has been phenomenal for all my queries and it has really helped me relieve the stress caused by immigration questions.

    I am asking this question on behalf of my wife.

    A LITTLE BACKGROUD:
    She is currently in US on H4 visa which is valid until April, 2018. She plans to enroll in MS Course in Fall 2016 semester. We checked with College and confirmed that she is applicable for in-state tuition fee if she studies on H4 visa. If she converts to F1, she will be considered as international student and will be charge full fee which is almost double of in-state tuition fee. I understand that she won't be able to use OPT or CPT if she studies on H4. NOW the twist is - She got her H1B picked in lottery this year. Since it is a regular processing so it may take 2-4 months for approval. She is still interested to do her Masters.

    Now my questions are:
    1. I'm assuming that she can legally study on H4 visa. The main reason not to convert to F1 is to take benefit of in-state Tuition fee. Will there be any legal issues with that?
    2. When she gets her H1B approval, Do I have to apply for the COS (H1 to H4) to continue the studies on H4?
    3. Her classes will start from August. I want to understand how will H1B approval impact her status? If H1 is approved before Oct 1, will she be on H4 status till Sep 30? How much time will I have to apply for COS (H1 to H4)? If COS is going to take time and make her Out of status on H1, she can leave US and re-enter on H4, correct?
    This is just my opinion, not a legal advice.

  • #2
    I will really appreciate if someone can help answer my questions.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      I'm really sorry to follow up, any suggestions will help me decide the College admission for my spouse.

      Thank you so much.
      This is just my opinion, not a legal advice.

      Comment


      • #4
        Originally posted by SKDS160 View Post
        Hi,

        This forum has been phenomenal for all my queries and it has really helped me relieve the stress caused by immigration questions.

        I am asking this question on behalf of my wife.

        A LITTLE BACKGROUD:
        She is currently in US on H4 visa which is valid until April, 2018. She plans to enroll in MS Course in Fall 2016 semester. We checked with College and confirmed that she is applicable for in-state tuition fee if she studies on H4 visa. If she converts to F1, she will be considered as international student and will be charge full fee which is almost double of in-state tuition fee. I understand that she won't be able to use OPT or CPT if she studies on H4. NOW the twist is - She got her H1B picked in lottery this year. Since it is a regular processing so it may take 2-4 months for approval. She is still interested to do her Masters.

        Now my questions are:
        1. I'm assuming that she can legally study on H4 visa. The main reason not to convert to F1 is to take benefit of in-state Tuition fee. Will there be any legal issues with that?
        2. When she gets her H1B approval, Do I have to apply for the COS (H1 to H4) to continue the studies on H4?
        3. Her classes will start from August. I want to understand how will H1B approval impact her status? If H1 is approved before Oct 1, will she be on H4 status till Sep 30? How much time will I have to apply for COS (H1 to H4)? If COS is going to take time and make her Out of status on H1, she can leave US and re-enter on H4, correct?
        The biggest issue I see is that you already have a H4 to h1 filed with USCIS and on top of that you are trying to file a H4 to F1. I would say avoid that.

        Was H1 filed as COS, if yes, then if H1 petition is approved, she would automatically move to H1 status from 01-Oct-2016, so is she planning to study only for 2-4 Months or she would want to move back to H4 and continue her H1?

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          The biggest issue I see is that you already have a H4 to h1 filed with USCIS and on top of that you are trying to file a H4 to F1. I would say avoid that.

          Was H1 filed as COS, if yes, then if H1 petition is approved, she would automatically move to H1 status from 01-Oct-2016, so is she planning to study only for 2-4 Months or she would want to move back to H4 and continue her H1?

          This is my opinion not legal advice.
          Thanks Raghvi. I am trying to avoid F1 and study on H4 because that way she will be eligible for in-state tuition fee and can avoid COS to F1.

          I believe her H1 is filed as COS. She is going to enroll in full time Masters Degree which I think will be a 1.5-2 years course. During that period, she wants to be on H4 and may apply COS later to H1 for employment purpose. If I file her H1 to H4 COS on October 1, will that be an issue? Will she be considered out of status until her COS is approved?
          This is just my opinion, not a legal advice.

          Comment


          • #6
            Originally posted by SKDS160 View Post
            Thanks Raghvi. I am trying to avoid F1 and study on H4 because that way she will be eligible for in-state tuition fee and can avoid COS to F1.

            I believe her H1 is filed as COS. She is going to enroll in full time Masters Degree which I think will be a 1.5-2 years course. During that period, she wants to be on H4 and may apply COS later to H1 for employment purpose. If I file her H1 to H4 COS on October 1, will that be an issue? Will she be considered out of status until her COS is approved?
            Hi Raghvi...if her H1 is approved before October 1st - in order to stay on H4 visa, she has to leave US before Oct 1 and return after Oct 1, right? If she gets a RFE and approval doesn't come till Oct 1, what is the safest option she can take? The day her H1 will be approved, will she be considered Out Of Status? What should be the safest option in that case? I'm wondering how does a person start the job on the same day when he/she receives the H1 approval after a RFE. You can't predict when will that happen and join the job on the same day?
            This is just my opinion, not a legal advice.

            Comment


            • #7
              Originally posted by SKDS160 View Post
              Hi Raghvi...if her H1 is approved before October 1st - in order to stay on H4 visa, she has to leave US before Oct 1 and return after Oct 1, right? If she gets a RFE and approval doesn't come till Oct 1, what is the safest option she can take? The day her H1 will be approved, will she be considered Out Of Status? What should be the safest option in that case? I'm wondering how does a person start the job on the same day when he/she receives the H1 approval after a RFE. You can't predict when will that happen and join the job on the same day?
              As long as she leaves before COS start date USCIS should cancel the COS. H4 to H1 you should work only after receiving the approval notice in hand. Also I don't see an issue in immediately joining as long as employer and employee are both in sync.

              If your real intention is not to join the H1 employer, I would suggest you tell them and ask them to send to USCIS letter to cancel the COS. And to be safe on your side leave before COS start date and inform the employer.

              This is my opinion not legal advice.

              Comment


              • #8
                Going to attend VISA interview on 30/05/2016

                Hi,

                I am planing to attend Visa interview on 30/05/2016 in Chennai, currently i am in Singapore. but i can take only 5 days leave to visit India. once i attend interview if suppose they ask me to submit my passport and if they say it may take 2 to 3 weeks, then i can not stay in India for that long. can i ask them to return my passport and tell them that when ever required i can come and submit passport and collect in 2 to 3 days( i mean submitting all the docs except passport and submitting passport when required for stamping). will they entertain this or what is the possible way i can handle it. please guide me, if my passport struck at consulate for 2-3 weeks then i can not travel to Singapore and i may loose my current job.

                Please guide me.

                Comment


                • #9
                  Originally posted by [email protected] View Post
                  Hi,

                  I am planing to attend Visa interview on 30/05/2016 in Chennai, currently i am in Singapore. but i can take only 5 days leave to visit India. once i attend interview if suppose they ask me to submit my passport and if they say it may take 2 to 3 weeks, then i can not stay in India for that long. can i ask them to return my passport and tell them that when ever required i can come and submit passport and collect in 2 to 3 days( i mean submitting all the docs except passport and submitting passport when required for stamping). will they entertain this or what is the possible way i can handle it. please guide me, if my passport struck at consulate for 2-3 weeks then i can not travel to Singapore and i may loose my current job.

                  Please guide me.
                  5 Days is too short a time frame. Even if visa is approved it will probably take more than that to get it stamped and have it delivered at the designated place.

                  This is my opinion not legal advice.

                  Comment


                  • #10
                    I am planing to attend Visa interview on 30/05/2016 in Chennai

                    Hi raghvi,

                    Thanks for your prompt reply, i will plan for at least 10 days then. lets hope for the best. Thank you

                    Comment

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