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L2 to H4 and F1 in process -- need help!!

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  • L2 to H4 and F1 in process -- need help!!

    Hi Friends

    Here is my situation. I came to USA on L1B and my wife thus got here on her L2 visa. I'm in my fifth year and thus my L1 is going to get expired soon (this year end). My organization filled my H1B -- which recently got approved -- now that brings my wife on H4.

    Here is the catch: My wife is currently studying and I want her to get on her F1 (thus we started the process of F1 approx 3-4 months back) and her F1 is still under process (we got one RFE which we answered). But now all of a sudden we got her H4 before her F1 which was filed later by my organization -- and per the letter we received my H1 and her H4 is going be active from Oct 1st. But I want my wife to get on her F1, and I need help on understanding the process and impact due to these changes and what all is required to be done?

    Here are some questions that are haunting me:

    1. Will her F1 get rejected due to her new status of H4? Since her F1 was filed by university when she was on L2.
    2. Can I still continue to be on L1 since I have 2-3 months yet and then activate H1? Although the effective date is Oct 1st on the letter that I received from USCIS?
    3. Do I need to inform her university regarding this change of status? If yes, what will be the process? Do they have to re-file her F1?
    4. Is H1 and F1 process separate that both will get approved and I can choose going for F1 once it is approved?
    5. Do I have to inform USCIS that please go ahead with F1 process and do not reject it? Is there any form that I have to fill or do I need to involve university at any cost?

    Please help me guide me!! Thanks in advance for your help and guidance.

    Also, let me know if anything else is required that I need to take care of to get my wife on F1 and keeping myself in H1.


  • #2
    Since change of status is approved, L1 and L2 statuses are over from Oct 1.
    If change of status to F1 gets approved at any point now, it will become valid and H4 status will end. Your wife does not have to do anything to make that happen.
    Status depends on the latest issued I-94 and nothing else. There is only 1 status at any time.
    Your wife is allowed to study in H4 status, but she cannot accept any on-campus employment until F1 status gets approved. After F1 gets approved she must enroll full-time.
    This is my opinion and not legal advice.