H4 to F1 Change of Status

[takentaken420]

Hi,

I'm currently on H4 status. My H4 is valid till May'2018. I enrolled in MS in Fall'16 and would like to apply for a Change of Status from H4-F1 (in order to be eligible for OPT). A consultant applied H1 for me in 2016 and it was approved as COS in December but I left states and entered back on H4.

My Question are:

1. If I apply for H4-F1 COS now, will it be a problem or can USCIS raise any question on my past H4-H1 COS?

2. Is it advisable to convert to F1 and get OPT, provided that I have H1 approved and may be transfer as cap exempt? I understand that USCIS may or may not allow me to use H1 as cap exempt but OPT gives more flexibility than H1 and with new government, I am afraid that they will tighten the regulations on H1. Please suggest any pros and cons.

Thank you for your time.

[maheshyv2607]

Hi,

I'm currently on H4 status. My H4 is valid till May'2018. I enrolled in MS in Fall'16 and would like to apply for a Change of Status from H4-F1 (in order to be eligible for OPT). A consultant applied H1 for me in 2016 and it was approved as COS in December but I left states and entered back on H4.

My Question are:

1. If I apply for H4-F1 COS now, will it be a problem or can USCIS raise any question on my past H4-H1 COS?

2. Is it advisable to convert to F1 and get OPT, provided that I have H1 approved and may be transfer as cap exempt? I understand that USCIS may or may not allow me to use H1 as cap exempt but OPT gives more flexibility than H1 and with new government, I am afraid that they will tighten the regulations on H1. Please suggest any pros and cons.

Thank you for your time.

Hello there,

Do you have any update on your case as what you followed till date? Are you still on H4 or did you already got your COS approved for F1. My wife is also in a similar situation. We want to apply for COS from H4 to F1 while she is in US. But, we are afraid that it may take more than 6 months. Since she would be visiting India in a month, we want to decide if attending for F1 visa while she is India make sense. Please let me know. Thanks.