F1 to H4 Change of Status within USA

[Streaker]

Hi Immihelp,

I am currently working in USA, under valid H1 Visa. I am planning to marry my girl friend in USA (court marriage) for some personal reasons. She is on her OPT and searching for Job. What is the procedure/process to change her status as a dependent (H4?) before she runs out of her OPT period. (Its just a measure trying to obtain in case she dont get a job) It would very grateful of you if guided in a detailed description.

Thanks and any other suggestions are welcome.

[gaur8]

Hi

Hi,

I am in the same position - on OPT and want to change status to H4. Did u get any info on what docs to send? I know we have to file I-539. Any docs I need to send like I20, EAD etc. Please let me know if u got some info. Thanks a lot!

[kabkaba]

Copies of I-20, EAD, passport and I-94 to prove current status.
Copies of marriage certificate to prove relationship.
Copies of spouse's H1 approval notice, Visa (if any), I-94, job letter to prove spouse's status.

COS has to be received by USCIS before end of OPT + 60 days if employed or within 90 days of unemployment.

[gaur8]

Hi,

Thanks for your reply. I have been on OPT for 7 months. I have worked under a professor (without pay) for 5 months. While now filing for COS from F1(OPT) to H4, should I request for a letter from the professor about my project under him, and send that letter as part of my COS package, citing proof of employment during the OPT?

Thanks a lot.

[kabkaba]

You do not need to send proof of employment. You should have reported your employment to the school's DSO, if you did that you should be fine.
You can send the prof's letter if USCIS requests for it.

[gaur8]

Hi,

Thank you very much for your prompt and clear response! I had reported my work with the prof. to my DSO, so I hope I will be ok.

I have just one more question, and would appreciate your help a lot if possible.

There is one question in the form (3g) as below:

1) Have you or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of Status?"

2) If Yes, state details of employment. If No, say how you have supported yourself.

To give you some background, I last entered the US in May 2008 and have been in F1 since then. I had financial aid throughout master's till Dec 2009. And OPT started in Jan 2010 since when I have been volunteering for a project with my prof.

What should my answers be to questions 1 & 2 above? Please do help if possible. Thanks once again.

[kabkaba]

Hi,

Thank you very much for your prompt and clear response! I had reported my work with the prof. to my DSO, so I hope I will be ok.

I have just one more question, and would appreciate your help a lot if possible.

There is one question in the form (3g) as below:

1) Have you or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of Status?"

2) If Yes, state details of employment. If No, say how you have supported yourself.

To give you some background, I last entered the US in May 2008 and have been in F1 since then. I had financial aid throughout master's till Dec 2009. And OPT started in Jan 2010 since when I have been volunteering for a project with my prof.

What should my answers be to questions 1 & 2 above? Please do help if possible. Thanks once again.

The answer will be yes. Details of employment will include on-campus employment while studying and the unpaid internship on OPT.

[dentstar]

Expired I-20

My I-20 expired 35 days ago. I was on F1 status and was wondering that after the expired I-20 if I can still apply for change of status from F1 to H4?

[garryrother]

Help on form I539 COS F1 to H4

Consider my situation where in I am on f1 and looking to move to H4 dependent on my spouse(who has H1B approved and possess I-797), I have questions on Part 3 of form I539. Please note that I was never on H4.

1.a: I request that my request status be extended until
question: Should this be the same as date of expiration of Garima's H1-b petition?
2a: Is this application based on an extension or change of status already granted?
question:Should this should be answered NO
3a: Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status?
question:This should be answered NO

General question:
Am i the primary application, if yes, then where does my spouse's info appear on the form?

Regards,
Garry

[shervin143]

1.a: I request that my request status be extended until
question: Should this be the same as date of expiration of Garima's H1-b petition?
>>> Yes.

2a: Is this application based on an extension or change of status already granted?
question:Should this should be answered NO
>>> Answer YES. Provide your spouse's H1B receipt number.

3a: Is this application based on a separate petition or application to give your spouse, child or parent an extension or change of status?
question:This should be answered NO
>>> Answer NO to this question.

[Saleh Kalantari]

Hi Immihelp,

I worked for 11 month on OPT and unfortunately I did not get the H1B approval. My EAD card expired on June 24, 2015. Today I realized that I had 60days to change my status . I am eligible to change my status to H4, as my husband holds H1B. The issue is that I am 3 days late. I just need to know if there is an opportunity to apply for change of status yet, or I need to leave the country and go to an embassy and apply for H4 again?

Thanks,
Nooshin

[shervin143]

If your I-94 has expired, then you need to leave the country, get the H4 visa stamped and returned back.

Hi Immihelp,

I worked for 11 month on OPT and unfortunately I did not get the H1B approval. My EAD card expired on June 24, 2015. Today I realized that I had 60days to change my status . I am eligible to change my status to H4, as my husband holds H1B. The issue is that I am 3 days late. I just need to know if there is an opportunity to apply for change of status yet, or I need to leave the country and go to an embassy and apply for H4 again?

Thanks,
Nooshin

[Mouli48]

Will 30/60 day (intention upon US entry) apply for F1 to H4 transfer?

Hi guys,

My wife came to USA as a student at the end of July, 2016 for fall semester as a F1 student. Now we have decided she will convert to H4 visa and since I'm applying for green card she can work later with H4 EAD. My H1B is approved and starting from this October, 2016. Right now I'm in CAP-GAP OPT. Here are my questions please help:

1.) Will 30/60 or 90 day rule apply to this COS (Intent to immigrate)? My wife came at end of July, so do I need to wait till end of October to apply (90 days)?
2.) Should my application reach USCIS only after October 1st or before it fine since my H1B only starts from OCT?
3.) My wife is currently registered as full time student, can she quit from the university once the application for COS from F1 to H4 reaches USCIS?

Thanks much for your help
Mouli

[fighterthehero]

Change of Status F1-H4-H4 EAD

I am currently in my OPT period and my OPT work authorization expires in Jan 2017. My husband's i-140 has been approved.I am planning to apply change of status from F1 to H4. I am employed but not into any project yet. I currently have a Full time job offer from an employer so planning to avoid any employment gap.

1)Can I file change of status(COS) from F1 to H-4 along with a new H4 *EAD application and continue work with OPT work authorization.

2)If my Status gets changed to H4 before my F1-OPT expires(i.e jan 2017), Will I be eligible to work with my OPT authorization till Jan 2017?

3)What are processing timelines for change of status from F1-H4-H4 EAD.

4) Is there any expedite processing which can be opted to avoid any employment gap.

[Riddhijhawar]

Change of Status from F1 (OPT) to H4

Hi All,

I have few questions.

I am currently on F1 (OPT) unemployed and my OPT expires on 4th MAY 2019.
I wanted to know by when should I apply for change of status (COS) to H4 as my husband has an H1-B? What all documents are required, which needs to be submitted?

Thank you.