Cos H4 to F1 in process, H4 expires

[Student visa]

Hi everyone,

I have applied for H4 to F1 COS on 21st April 2014.My application is in initial review.My H4 visa is expiring on 28th August 2014. My husband got his H1b extension till August 2017.I didn't apply for H4 extension as I had submitted my F1 COS which is in progress. Will my COS will affect if my H4 expires before F1 approval? Start date on I20 is 3rd September 2014. Do I need to file for new H4 extension again? Please help.

[jairichi]

You are fine and no need to apply for H4 extension. Wait for a decision from USCIS on your COS to F1 petition.

[Student visa]

Thanks for your advice.But I have already applied for the H4 extension yesterday to be on safer side.I don't know when USCIS will approve my F1.After 28th August I will be out of status.While approving F1 if they find I am out of status they can reject my F1.So I have applied.After F1 approval I am thinking to remove the H4 extension.What is your suggestion?

Thank you.

[jairichi]

Thanks for your advice.But I have already applied for the H4 extension yesterday to be on safer side.I don't know when USCIS will approve my F1.After 28th August I will be out of status.While approving F1 if they find I am out of status they can reject my F1.So I have applied.After F1 approval I am thinking to remove the H4 extension.What is your suggestion?

Thank you.

As long as a petition is pending with USCIS you are in valid status. After approval of COS to F1 you can request for withdrawal of extension of H4 petition. But, rarely USCIS stops processing it. In case if extension of H4 status petition is approved after COS to F1 petition then according to last action rule you move back to H4 status. Just be aware of this.

[Student visa]

Hi everyone,

I have been waiting for 4.5 months to get my COS approved from H4 to F1.I have submitted the application on 21st April 2014.

Now my school is saying to submit new i20 for spring 2015 which I highly doubt won't get approved on time.

They are telling me to withdraw my old F1 petition. I don't want to withdraw it at this moment after waiting such a long time. Its very unfair. I just want to wait for USCIS to approve the old petition.

Any suggestions what shall I do?

[jairichi]

Hi everyone,

I have been waiting for 4.5 months to get my COS approved from H4 to F1.I have submitted the application on 21st April 2014.

Now my school is saying to submit new i20 for spring 2015 which I highly doubt won't get approved on time.

They are telling me to withdraw my old F1 petition. I don't want to withdraw it at this moment after waiting such a long time. Its very unfair. I just want to wait for USCIS to approve the old petition.

Any suggestions what shall I do?

Raise a service request with USCIS. If nothing works out then go for F1 visa stamping.

[Student visa]

I have raised service request. They said its under consideration.

My husband's i140 is done. If I go outside for F1 visa stamp won't they doubt on my intent as F1 is non immigrant and i140 is immigrant.

Thank you.

[Dipannita]

Hi,

I am in usage as a h4 and have got an admission to an university in usa for spring 2018.i will be applying for h4 to f1 cos.My h4 will be expiring on June 30 2018.My concern is that will I be allowed to study after my h4 is expired and cos is not approved then?will I be considered an unlawful immigrant as I will be out of status in that time?Please help!

Dipannita

[JoeF]

You are legal while the COS is pending, and you can attend college during that time.

[ckara6]

H4 to F1 COS pending from June 2017,  H4 not valid from September 2017 for child,  as completed 21 years old. 

I am hearing that USCIS is sending request for evidence (RFE) for cases where the prior status is not valid when the change of status application is processed by USCIS.  Even if the prior status (H4) was valid when initially applied for the change of status to F-1. 

Did anyone else face this situation, if so, please share how you handled it.  What are the options for this kind of situation. 

Thanks in Advance. 

[anand.na]

On ‎1‎/‎23‎/‎2018 at 4:28 PM, ckara6 said:

H4 to F1 COS pending from June 2017,  H4 not valid from September 2017 for child,  as completed 21 years old. 

I am hearing that USCIS is sending request for evidence (RFE) for cases where the prior status is not valid when the change of status application is processed by USCIS.  Even if the prior status (H4) was valid when initially applied for the change of status to F-1. 

Did anyone else face this situation, if so, please share how you handled it.  What are the options for this kind of situation. 

Thanks in Advance. 

Hello , have u got any reply. My son is in similar situation,

appreciate if you could share any details related to this situation

[ckara6]

On 7/15/2018 at 8:22 PM, anand.na said:

Hello , have u got any reply. My son is in similar situation,

appreciate if you could share any details related to this situation

Hi anand, 

Sorry to hear about your son. My son got a denial for his COS in May - reason being no valid status after he aged out of H4. 

He had to go back to home country and go for F1 stamping. His University DSO provided a letter of support, new  i-20 which helped with successful F1 approval. 

Hope everything goes well for your son. Good Luck!