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  • Change of Status H4-F1

    Hi,

    I am in USA and planning to apply for change of status from H4 to F1 to pursue Masters. But the problem is I am going through divorce and anytime my H4 visa might get cancelled if we start divorce process and I will not be in H4 status. So my questions are

    1. Even after joining the university, if decision from USCIS is still in pending regarding COS from H4-F1 and during that time if my H4 visa gets cancelled, then can I continue my education since my COS to F1 is still in process even though H4 visa is cancelled
    or
    2.Will I not be eligible to continue my education since I did not get any F1 visa approval and do I need to discontinue my education immediately after my H4 visa gets cancelled?
    3.If I need to discontinue my education since my COS from H4-F1 is still n process then, Do I have permission to stay in US and wait for the decision from USCIS or do I need to leave the US?


    It would be so much helpfull, if anyone can give answers or any suggestions to my questions.
    Last edited by SHJW; 02-20-2017, 01:16 AM.

  • #2
    First of all, a US visa is only for entry. You are not entering, so visas are irrelevant. You are talking about status.

    If the divorce is completed, you lose H4 status. But before then, you are still married and still have H4 status.

    As long as COS is filed (and received by USCIS) while you have status, it is fine. You can still stay in the US if you lose status (e.g. your divorce becomes final) while COS is pending. I am not sure about studying in that situation.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Change of Status H4-F1

      Thank you for the information. Could anyone please help me in giving the information for these remaining questions.

      1. Even after joining the university, if decision from USCIS is still in pending regarding COS from H4-F1 and during that time if my H4 visa gets cancelled, then can I continue my education since my COS to F1 is still in process even though H4 visa is cancelled
      or
      2.Will I not be eligible to continue my education since I did not get any F1 visa approval and do I need to discontinue my education immediately after my H4 visa gets cancelled?
      3.If I need to discontinue my education since my COS from H4-F1 is still n process then, Do I have permission to stay in US and wait for the decision from USCIS or do I need to leave the US?


      It would be so much helpfull, if anyone can give answers or any suggestions to my questions.

      Comment


      • #4
        I am in the same boat. Did you find any answers (It's really urgent for me) ?

        Comment

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