H4 ead -> f1

[tejaswiyvs]

Hello everyone,

My wife has an MBA admit from a Top 40 B-school in the US and is planning to enroll. I have an approved I-140 and she's currently on a H4 with an approved EAD. She can study on her H4, but given the uncertainty around the EAD program, we'd much rather switch to an F1 to get CPT / OPT for her internships.

Given that I have an approved I-140 and have demonstrated an intent to immigrate, would that rule out the possibility of getting a H1?

Change of status is taking too long (2-6 mo). Her university requires her to be on an F1 for atleast 9 months before they let her apply for a CPT / OPT. So if we switch to F1, she'd have to go out of the country to get it stamped. In case this visa is rejected, can she come back immediately with her H4 + EAD? Or do we need to apply for a H4 again, apply for an EAD again and so on?

Thanks,
Teja

[inadmissible]

An approved alien worker petition does not impute immigrant intent. A pending adjustment of status application or application for immigrant visa will impute immigrant intent. That said, she may still face challenges in overcoming the presumption of immigrant intent needed to obtain an F visa because of her weak ties to her home abroad. If she is denied an F-1 visa, it will not invalidate her H-4 visa, and she can return to the United States using that visa

[tejaswiyvs]

An approved alien worker petition does not impute immigrant intent. A pending adjustment of status application or application for immigrant visa will impute immigrant intent. That said, she may still face challenges in overcoming the presumption of immigrant intent needed to obtain an F visa because of her weak ties to her home abroad. If she is denied an F-1 visa, it will not invalidate her H-4 visa, and she can return to the United States using that visa

Thank you! We'll probably switch to an F1 in that case and think about going back on an EAD when she's searching for fulltime opportunities.

[teja24nex]

FInal Action

Thank you! We'll probably switch to an F1 in that case and think about going back on an EAD when she's searching for fulltime opportunities.

Hey, I am in the same situation as you are. What did you finally end up doing?
I also think that change of Status from H4 EAD to F1 might dampen the chances of Visa as the intent of mIgration has already been shown via my I-140 and her EAD.

Please let me know what have you done.
Thanks.

[hiren_patel]

Hey, I am in the same situation as you are. What did you finally end up doing?
I also think that change of Status from H4 EAD to F1 might dampen the chances of Visa as the intent of mIgration has already been shown via my I-140 and her EAD.

Please let me know what have you done.
Thanks.

Hey, I'm in the same boat. I'm thinking about doing a H4-Ead to F1 COS for my wife. Did you guys applied for H4-ead to F1 Cos? If yes then have you received the decision from USCIS?

Thanks

[j1234]

What did you all end up doing? I am in the same situation.