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I am currently on H4 visa with expiry on Aug 2021 and my partner has I-140 approved.

It looks like the current processing times for H4 to F1 COS is 6-8 months. I have a few questions that I am hoping someone can answer regarding H4 to F1 COS application.

Primary Question: Will the I-539 COS from H4 to F1 transition be smooth considering my husband has I-140 approved ?  If the chances are low for rejection, I have some follow-up questions:

1. If my I-539 COS gets rejected, is my H4 still valid or do I have to leave the country immediately ?

2. Am I eligible for CPT to do an internship in May/June 2021 assuming I-539 COS petition gets approved by then ? 

3. Is it mandatory to travel to India to get my F-1 Visa stamped after COS approval and before I graduate?

4. If it is not mandatory to travel outside the country and get F1 Visa stamped, can I apply for an OPT and/or "H1B visa through company sponsorship" in April 2022 without ever leaving the country ?

5. Lastly, how to know which service center will process your I-539 COS application? I live in NJ currently.

If I don't ever have to leave the country and I can be eligible for CPT (for internship) and OPT (for full-time job) or H-1B visa application, then I would like to consider the H4 to F1 COS route. This is the reason for my questions.

Any response would be appreciated.

Edited by Bhavx2019
Added clarity

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1. H4 will still be vaild.


3. No, if your COS is approved you don't need to travel.

4. You can apply for H1 in 2022 even if you are not on F1. You can apply for OPT is you COS is approved.

5. In USCIS.gov, check where to apply I539 for your state.

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