H4 to "F1 Change of Status" conversion in USA (Not "F1 Visa")

[KaranL]

Hello All,

What are the main advantages of "F1 Change of Status" Vs "F1 visa"?

 

My wife is currently on H4 and she is looking to join a school. We spoke to school immigration department and they suggested that she convert to "F1 Change of Status" from her current visa which is H4. This way she will be eligible to use her OPT after graduation. They also told that "F1 Change of Status" is different than "F1-Visa".

 

One could travel outside the US on F1 visa and re-enter US with no issues ......but this is not the case with "F1 Change of Status". I heard we loose the F1 status while you re-enter the US. We again need to re-enter using H4 and when we enter back...we loose our F1 status. Is that true?

 

What is the best option/status to consider to study? (note that the candidate is on H4 currently).

 

Is it better to go back to the home country and get F1 visa stamped and maintain F1 status full time.....or .....is it no issues if we start school with H4 and later (after a year) convert to "F1 Change of Status)? Not sure what are the chances of converting H4 to "F1 status"

 

What will happen to H4 visa if F1 visa stamping gets rejected?

 

Thanks & Cheers

K

[jairichi]

Hello All,

What are the main advantages of "F1 Change of Status" Vs "F1 visa"?

 

My wife is currently on H4 and she is looking to join a school. We spoke to school immigration department and they suggested that she convert to "F1 Change of Status" from her current visa which is H4. This way she will be eligible to use her OPT after graduation. They also told that "F1 Change of Status" is different than "F1-Visa".

 

One could travel outside the US on F1 visa and re-enter US with no issues ......but this is not the case with "F1 Change of Status". I heard we loose the F1 status while you re-enter the US. We again need to re-enter using H4 and when we enter back...we loose our F1 status. Is that true?

 

What is the best option/status to consider to study? (note that the candidate is on H4 currently).

 

Is it better to go back to the home country and get F1 visa stamped and maintain F1 status full time.....or .....is it no issues if we start school with H4 and later (after a year) convert to "F1 Change of Status)? Not sure what are the chances of converting H4 to "F1 status"

 

What will happen to H4 visa if F1 visa stamping gets rejected?

 

Thanks & Cheers

K

Start her school with H4 and based on number of semester requirements to be on F1 status to get OPT apply for a COS to F1 well in advance.

[rahul412]

Hello All,

What are the main advantages of "F1 Change of Status" Vs "F1 visa"?

 

My wife is currently on H4 and she is looking to join a school. We spoke to school immigration department and they suggested that she convert to "F1 Change of Status" from her current visa which is H4. This way she will be eligible to use her OPT after graduation. They also told that "F1 Change of Status" is different than "F1-Visa".

 

One could travel outside the US on F1 visa and re-enter US with no issues ......but this is not the case with "F1 Change of Status". I heard we loose the F1 status while you re-enter the US. We again need to re-enter using H4 and when we enter back...we loose our F1 status. Is that true?

 

What is the best option/status to consider to study? (note that the candidate is on H4 currently).

 

Is it better to go back to the home country and get F1 visa stamped and maintain F1 status full time.....or .....is it no issues if we start school with H4 and later (after a year) convert to "F1 Change of Status)? Not sure what are the chances of converting H4 to "F1 status"

 

What will happen to H4 visa if F1 visa stamping gets rejected?

 

Thanks & Cheers

K

Change of status= Changing your legal status from one category to another while you are in US.

VISA= this a stamp on your passport which acts as an entry document. So, if you want to enter on F1 then you need F1 visa stamp on your passport.

 

If you have multiple visa stamps on your passport, then tell the officer at POE on what visa you are planning to enter by showing your supporting docs.

[catx]

There is confusion on someone's part ...

 

"F1 Change of Status" is to change from a current visa (e.g. H-4 visa) to a F-1 visa while remaining the in U.S. through the filing of an I-539 Application To Extend/Change Nonimmigrant Status form.

 

"F1 Visa" in the context of the post is to get a F-1 visa by leaving the U.S. and applying directly through a U.S. consulate.

 

Regardless of the process (change of status or direct) your wife will end up with the same thing -- a F-1 (student) visa.  (There is no such thing as loosing a F-1 visa if your wife travels abroad and re-enters the U.S. on a valid F-1 visa.)

 

Your wife can also join a university / college and study on a H-4 visa.  She can change to a F-1 visa just prior to, or at anytime after, starting school.  She will need to be on a F-1 visa before graduation (with the timing based on the university's rules) to be able to apply for post completion OPT employment authorization.

[Attorney_22]

A “change of status” (COS) allows an individual to move from one status to another without the requirement of first leaving and re-entering the U.S. After a COS is approved, if the individual plans to travel abroad that individual will need to obtain a visa based on their new status (with limited exceptions). To discuss this in greater detail it is advisable to speak directly with a qualified U.S. immigration attorney.   

[KaranL]

Hello All,

 

Thank you for your detailed replys.

 

The main thing I am concerned is about "COS to F-1" or getting "F1 Visa stamped" after she starts the school with H-4 and continues for few semesters. The main idea to go to school is to earn an OPT or an working status. What if her COS or F1 visa dosent get approved for some reason after she completes 3 semesters of coursework.........is there any other way .....or any other suggestions....how we should proceed.....speaking to the school ...they think that the best way to join school is by visiting back to home country and getting F1 Visa stamped ...then return to US to start the program.......

 

What are the chances of approval of H4 to COS F1 OR  H4 to F1 visa? (I am assuming we need to travel to home country only to get F1 visa stamped......while COS can be done while in the USA)

 

The main issue of COS of status is that if we travel abroad (which we anticipate after two semesters of coursework appx) we again need to get F1 visa stamped to re enter USA.....(since we cannot reenter USA on COS to F1).......... is this risky?

[jairichi]

Hello All,

 

Thank you for your detailed replys.

 

The main thing I am concerned is about "COS to F-1" or getting "F1 Visa stamped" after she starts the school with H-4 and continues for few semesters. The main idea to go to school is to earn an OPT or an working status. What if her COS or F1 visa dosent get approved for some reason after she completes 3 semesters of coursework.........is there any other way .....or any other suggestions....how we should proceed.....speaking to the school ...they think that the best way to join school is by visiting back to home country and getting F1 Visa stamped ...then return to US to start the program.......

 

What are the chances of approval of H4 to COS F1 OR  H4 to F1 visa? (I am assuming we need to travel to home country only to get F1 visa stamped......while COS can be done while in the USA)

 

The main issue of COS of status is that if we travel abroad (which we anticipate after two semesters of coursework appx) we again need to get F1 visa stamped to re enter USA.....(since we cannot reenter USA on COS to F1).......... is this risky?

If her COS from H4 to F1 during her stay in US gets denied it would be better to travel immediately outside US and apply for an F1 visa. If that gets denied then she can enter on H4 and no OPT. No one can predict the outcome of her COS from H4 to F1 or approval of F1 visa at US consulate.

[KaranL]

Hello Jairichi......

I understand that we could not predict the outcome .........but .......I would just like to know what are the chances (based on previous cases history....etc)...

Thanka again for all your help

[vara.neni]

Well, by this time you might have already took a decision and your wife might be on F1 or She might got her H1 as well. Just to educate all the other members in this forum, I want to say my 2 cents.

 

OPT - You must be on F1 for atleast one academic year to be qualified to get this. This is the requirement from USCIS.

F1    - There is no difference in F1 change of status or F1 Visa. Both gives you F1 status at the end. If you are in US and want to go to college, then typically you apply for COS(H4 -> F1). If you are outside of US and apply for study in US, then go to consulate and get the F1 stamp(Visa) and enter in US. Even for COS(H4-> F1), if you are travelling outside US, you need to get F1 stamp and then re-enter in US on F1, to maintain the F1 status. Pls note, you passport will be having both H4 and F1 stamps, but at the port of entry you need to specify on which visa you are entering into US.

 

When you try to apply for a university, to be eligible for a CPT or OPT you must obey college guidelines as well on top of USCIS requirements. Some colleges might give you CPT from day one, some might say after 2 semesters on F1. So, plan your studies accordingly to be on F1 rather than H4.

 

Coming to the chances of F1 stamping, It depends on couple of things.

1) Intention of the petitioner, Whether to stay in US or comeback to India.

2) Why now F1, why not continue on H4 as you are already on H4 now. Willingness on study or Job.

 

What answers you are giving to such questions gives you the outcome of stamping.

 

Hope this helps the other memebers, BTW, post your experiecne now.

[Hanuman567]

Hi,

May I know the processing time for H4 to F1 conversion.

 

 

Thanks

[priyanka_]

On 7/14/2014 at 12:46 PM, vara.neni said:

Well, by this time you might have already took a decision and your wife might be on F1 or She might got her H1 as well. Just to educate all the other members in this forum, I want to say my 2 cents.

 

OPT - You must be on F1 for atleast one academic year to be qualified to get this. This is the requirement from USCIS.

F1    - There is no difference in F1 change of status or F1 Visa. Both gives you F1 status at the end. If you are in US and want to go to college, then typically you apply for COS(H4 -> F1). If you are outside of US and apply for study in US, then go to consulate and get the F1 stamp(Visa) and enter in US. Even for COS(H4-> F1), if you are travelling outside US, you need to get F1 stamp and then re-enter in US on F1, to maintain the F1 status. Pls note, you passport will be having both H4 and F1 stamps, but at the port of entry you need to specify on which visa you are entering into US.

 

When you try to apply for a university, to be eligible for a CPT or OPT you must obey college guidelines as well on top of USCIS requirements. Some colleges might give you CPT from day one, some might say after 2 semesters on F1. So, plan your studies accordingly to be on F1 rather than H4.

 

Coming to the chances of F1 stamping, It depends on couple of things.

1) Intention of the petitioner, Whether to stay in US or comeback to India.

2) Why now F1, why not continue on H4 as you are already on H4 now. Willingness on study or Job.

 

What answers you are giving to such questions gives you the outcome of stamping.

 

Hope this helps the other memebers, BTW, post your experiecne now.

Some parts of above information are wrong. 

OPT - You need not be on F1 for one academic year to be qualified for OPT. I have done only one semester on F1 and have an approved F1-OPT. 

To be eligible for OPT, you must be enrolled full-time (not necessarily on F1) for at least one full academic year, be physically present in the United States, be maintaining valid F-1 status at the time of application, and intend to work or volunteer in a professional development opportunity directly related to the major field of study

 

Also, the post says there is no difference between F1 COS and F1 visa. Even though the post explains the difference between the two, it is wrong to say that there is no difference between them.

Edited January 10, 2020 by priyanka_

[Srijani005]

On 1/9/2020 at 5:11 PM, priyanka_ said:

Some parts of above information are wrong. 

OPT - You need not be on F1 for one academic year to be qualified for OPT. I have done only one semester on F1 and have an approved F1-OPT. 

To be eligible for OPT, you must be enrolled full-time (not necessarily on F1) for at least one full academic year, be physically present in the United States, be maintaining valid F-1 status at the time of application, and intend to work or volunteer in a professional development opportunity directly related to the major field of study

 

Also, the post says there is no difference between F1 COS and F1 visa. Even though the post explains the difference between the two, it is wrong to say that there is no difference between them.

Hi,

Did you switch from any other Visa to F1? I am assuming yes, because '1 full academic year' requirement can only be met with some other Visa for your previous semester(s). If so, did you do a change of status (COS) or F1 stamping from India?

On that note, any feedback/suggestion on my case would really be appreciated-

1. Started full time MS on H4 in Fall 2019

2. Went to India after 1 semester (in Dec), got my F1 Visa stamped and returned to the US

3. I was expecting to be eligible for OPT right after my Spring 2020 semester (1 academic year would be completed as a full time student), but my university is telling that I have to wait for 1 full year on valid F1 status before I am eligible for OPT, which is Fall 2020!! Is that the case?

Your case may shed some light on this, of course, if you have done the Visa stamping not COS!!

Thanks,

Srijani

[Sachin186]

Hi Srijani,

Priyanka has clearly mentioned that she did COS. So what u understand from above posts is that if we do COS within US then we will be eligible for opt even if we complete just one semester on F1 and don’t have any breaks in academics and have completed atleast one year of full time courses on H4. But if you get F1 by stamping then you have to complete one full academic year on F1 to get opt.

i also have one question to Priyanka. I have completed fall 2019 on H4, F1 rejected twice in stamping in December, doing second semester on H4, if u apply for COS now and if it’s approved after the start of fall 2020 semester then do I need to do one more full semester on F1 I.e spring or it’s not mandatory to do one full semester on F1? Is it ok if we just have F1 status while applying for opt ? When I checked with DSO they said I have to do one full semester on F1. If I apply for cos by this month end can I get it by august ?

Edited February 5, 2020 by Sachin186
Added one more line and I wanted to get notified if replies but couldn’t enable it

[JoeF]

18 hours ago, Sachin186 said:

Hi Srijani,

Priyanka has clearly mentioned that she did COS. So what u understand from above posts is that if we do COS within US then we will be eligible for opt even if we complete just one semester on F1 and don’t have any breaks in academics and have completed atleast one year of full time courses on H4. But if you get F1 by stamping then you have to complete one full academic year on F1 to get opt.

i also have one question to Priyanka. I have completed fall 2019 on H4, F1 rejected twice in stamping in December, doing second semester on H4, if u apply for COS now and if it’s approved after the start of fall 2020 semester then do I need to do one more full semester on F1 I.e spring or it’s not mandatory to do one full semester on F1? Is it ok if we just have F1 status while applying for opt ? When I checked with DSO they said I have to do one full semester on F1. If I apply for cos by this month end can I get it by august ?

In principle, she would be eligible for OPT if she has been in good standing for the previous academic year (not just one year in the past, the law requires the good standing in the last year right before applying for OPT) and is on F1 when applying for OPT. But, some universities have stricter rules and won't accept an OPT request unless the person has been on F1 for the whole academic year. I personally feel this is more of a financial issue, since people on F1 have to pay international tuition. But the university can do this.

Edited February 6, 2020 by JoeF

[Sachin186]

On 2/6/2020 at 12:59 AM, JoeF said:

In principle, she would be eligible for OPT if she has been in good standing for the previous academic year (not just one year in the past, the law requires the good standing in the last year right before applying for OPT) and is on F1 when applying for OPT. But, some universities have stricter rules and won't accept an OPT request unless the person has been on F1 for the whole academic year. I personally feel this is more of a financial issue, since people on F1 have to pay international tuition. But the university can do this.

Hi JOEF, Thanks for your response. I have GPA of 4 in fall 2019, am sure of getting GPA of 3.8+ in spring 2020 and GPA of 4 in Fall 2020. I have been fulltime student all these semesters and I will be completing 10 credits by Fall 2020.

Am planning to apply for H4 to F1 COS now, if I get it before start of Fall 2020 then good, I would be eligibile for OPT as my DSO said she will recommend it if I get F1 before August 2nd week.

In case if H4 to F1 is approved later in October or November then if DSO says she cannot recommend as I am not eligible then can I tell her that I spoke to attorney and he told that I am eligible if I have been fulltime student for last one year with good academic credits and have F1 status while applying for OPT ? Does she have the rights to turn down my OPT application even after saying attorney said I am eligible ?

In case if she can turn down that, then can I take 2 more credits in spring 2020 and have internship as 3rd credit ? I am supposed to do only 12 credits for graduation, by fall 2020 I will be doe with 10 credits and 2 credits were already waived initially.

Regards,

Sachin

[JoeF]

1 hour ago, Sachin186 said:

Hi JOEF, Thanks for your response. I have GPA of 4 in fall 2019, am sure of getting GPA of 3.8+ in spring 2020 and GPA of 4 in Fall 2020. I have been fulltime student all these semesters and I will be completing 10 credits by Fall 2020.

Am planning to apply for H4 to F1 COS now, if I get it before start of Fall 2020 then good, I would be eligibile for OPT as my DSO said she will recommend it if I get F1 before August 2nd week.

In case if H4 to F1 is approved later in October or November then if DSO says she cannot recommend as I am not eligible then can I tell her that I spoke to attorney and he told that I am eligible if I have been fulltime student for last one year with good academic credits and have F1 status while applying for OPT ? Does she have the rights to turn down my OPT application even after saying attorney said I am eligible ?

In case if she can turn down that, then can I take 2 more credits in spring 2020 and have internship as 3rd credit ? I am supposed to do only 12 credits for graduation, by fall 2020 I will be doe with 10 credits and 2 credits were already waived initially.

Regards,

Sachin

Have you talked with a lawyer? Posting on a forum doesn't count, and I'm not a lawyer, anyway.

[Sachin186]

2 hours ago, JoeF said:

Have you talked with a lawyer? Posting on a forum doesn't count, and I'm not a lawyer, anyway.

Yes attorney confirmed that I will be eligible even if I don’t complete one semester on F1. I just have to be on F1 while applying for opt.