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Queries about F1 status

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  • Queries about F1 status

    I'm on H1 and currently working in US. My spouse has a H4 visa and he is in India. Recently he got an offer for pursuing his PhD in an US university. There are a couple of things that we want to know in this scenario,

    1. If my spouse comes to US on H4 ahead of time and then applies for change of status, can he start his course after getting the receipt from USCIS? Besides, would he get his scholarship in that case? Is there any premium processing option?

    2. Later when my employer files for GC for both of us, will there be any conflict as F1 is considered to be a non-immigrant visa?

  • #2
    1. No. He has to wait for the COS approval. But he can start his courses while on H4 but cannot accept an oncampus job TA/RA etc that will require him to be on F1 status. He can do those only after the COS gets approved. No PP available. Fee waiver can be accepted but if that is as a condition of employment as a TA/RA/GA, that has to wait for COS approval.

    2. Depends on what you mean by filing for a GC for you. As long as his I485 is not filed, he can maintain F1 status.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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