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F1 to H4 change of status

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  • F1 to H4 change of status

    My husband completed his 6 years of H1B in Nov 2020, and his extension has been approved till Nov 2023 based on approved I 140.
    I filed my F1 OPT to H4 conversion (I 539) in July 2020 at the Vermont center. This application is in the "fingerprint fee received" status.
    This expired in Nov 2020 (due to husband's expired H1B) and and extension for this H4 was filed in October 2020. This application is in "case received" status.
    Question #1: I am trying to understand what my options are to go forward. What are my potential timelines?
    Question #2: I also hope to apply for H4 EAD after getting the H4 approved. At which point can I apply for EAD? How long will it take for it to be approved?
    Question #3: Is it possible for my husband to switch jobs after his 6 month period without affecting the status of my H4 applications?
    Question #4: Alternatively, how long would it take if I went to India and try to get H4 stamping from there? Would it be faster than if I waited here in the US?

    Thanks in advance.


  • #2
    Hi,
    Question #1: I am trying to understand what my options are to go forward. What are my potential timelines?
    Answer: Now a days H4 and H4 EAD's are getting more time to get Adjudication.. Its very hard to predict time at this time due to COVID situation.. So, you will need to surely wait for their response..
    Question #2: I also hope to apply for H4 EAD after getting the H4 approved. At which point can I apply for EAD? How long will it take for it to be approved?
    Answer: You must have filed your H4 EAD along with H4 petition itself.. Anyhow, as you already filed H4 separately, Please wait for H4 petition to be Approved.. Once you receive Approval notice, you can file H4 EAD petition immediately.. Again regarding timeline, its very hard to assume the processing time..
    Question #3: Is it possible for my husband to switch jobs after his 6 month period without affecting the status of my H4 applications?
    Answer: If he is having plan to transfer his H1B, He can do that. It wont really affect H4 petition. But, please make sure, at the time of filed H4 petition, you have included H1B Approval notice that you got recently with 3 years..
    Question #4: Alternatively, how long would it take if I went to India and try to get H4 stamping from there? Would it be faster than if I waited here in the US?
    Answer: I think this is really good idea to get H4 visa.. Instead of waiting for petition status, you can go and get visa stamp on H4. Once you get H4 visa stamped, you can file H4 EAD very soon.. Very importantly, Once you get H4 visa at consular office, you will have to withdraw your current pending H4 petition.
    Thanks
    Last edited by rkk09; 03-18-2021, 06:51 AM.

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    • #3
      Hi,
      I recently had my wife's F1 to H4 COS approved (yesterday). Here are few questions:
      1. Will she be immediately changed to H4 from today? or does it take time?
      2. She is currently enrolled in an university. Does she need to drop off immediately? Does she need to inform university or anyone?

      Can you please help me with these answers?

      Thanks,
      Rahul

      Comment


      • #4
        Hi,
        I think, your questions had been answered on another post. Let me share again herewith.
        1. Will she be immediately changed to H4 from today? or does it take time?
        Answer: It depend on what date you have requested. Normally, when you file change of status, you would have requested one date to approve the COS. Therefore, you will need to consider that date as change of status. And also, same thing will be mentioned in the approval notice too.
        2. She is currently enrolled in an university. Does she need to drop off immediately? Does she need to inform university or anyone?
        Answer: You dont want to drop off. Please inform to University and DSO and complete the formalities then continue studying on H4 status.
        Thanks

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