H4 to F1 COS question


Snehac

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Hi,

My husband is on H1-B and I am on H4 visa. Recently my husband changed his job from employer A to employer B. We (Me and my husband) have stamping as per visa for employer A (valid till Mar, 2019) and have valid paper-work (I-797) for employer B.

 

I'm doing a Certification program in UCSC. I'm planning to apply for a change of status to F1 so that I get 12 months OPT (as said by the university).

 

1.     Will it be a smooth transition from H4 to F1 and if required back to H4. Is there any impact due to the latest executive orders?  

2.     If I have changed my status to F1 and in case I visit India, will I have to go for F1 stamping?
If Yes and in case my F1 stamping is rejected, will my H4 visa(employer A) still be valid and can I return on that to US OR
will I have to go for stamping again for H4 visa(employer B) before returning to US.

Thanks in advance.

Sneha

 

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If your husband applied for GC and it is in processing stage (say I140 is approved) then it is conflict of interest.Since F1 is a non-immigrant visa. I heard there is slight high chance that F1 COS might get rejected. If your Husband has not applied for GC yet, then it should be smooth.

If I have changed my status to F1 and in case I visit India, will I have to go for F1 stamping?  - YES (Only home country stamping allowed, not Mexico not Canada)

will I have to go for stamping again for H4 visa(employer B) before returning to US. - I suggest you to go to stamping if F1 is rejected.

 

This is my suggestion only

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1. Usually it is.

2. Yes. That is how it works.

3. Your H4 visa is NOT EMPLOYER DEPENDENT. If the existing visa is cancelled without prejudice while you apply for the F1 visa as a first step and this may or may not happen,  then you can reapply and get the H4 visa and return.

 

IF YOU mean the one in Santa Cruz by UCSC, you should have no trouble getting the F1 visa.

 

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I am an F-1 student who has applied for my OPT-EAD card and will be reaching soon. My company had applied for my H1 and it got picked this year. My questions are as follows.

I understand that my H1-B visa status becomes effective starting October 1st 2017. Will my spouse’s status(H-4) become effective? Does a H-4 visa take effect on or before October 1st?

The reason why I ask the above question is because, my spouse is planning for her graduate studies and is planning for a change-of-status from F-2 to F-1 visa. My concern/worry is that she shouldn’t become out of status if the Change of Status(F2-F1) is underway beyond October 1, 2017.

Scenario-1 – Before October 1

My spouse plans to apply for Change-of-Status to F1 and my company applies F2-H4 change of status. In this case, can my spouse have 2 change-of-status (F2-F1 and F2-H4) applications in parallel at the same time? In this case, whichever status takes effect or can we choose between these 2 statuses?

Scenario-2

If my spouse plans to apply for Change of Status to F1 visa post October 1st 2017, she would be doing 2 status conversions F2-H4 and H4-F1?. Does she need to exit the country to mexico/Canada to get her stamping?

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  • 10 months later...
On 5/2/2017 at 10:27 PM, OPTIMISTIC GUY said:

I am an F-1 student who has applied for my OPT-EAD card and will be reaching soon. My company had applied for my H1 and it got picked this year. My questions are as follows.

 

I understand that my H1-B visa status becomes effective starting October 1st 2017. Will my spouse’s status(H-4) become effective? Does a H-4 visa take effect on or before October 1st?

 

The reason why I ask the above question is because, my spouse is planning for her graduate studies and is planning for a change-of-status from F-2 to F-1 visa. My concern/worry is that she shouldn’t become out of status if the Change of Status(F2-F1) is underway beyond October 1, 2017.

 

Scenario-1 – Before October 1

 

My spouse plans to apply for Change-of-Status to F1 and my company applies F2-H4 change of status. In this case, can my spouse have 2 change-of-status (F2-F1 and F2-H4) applications in parallel at the same time? In this case, whichever status takes effect or can we choose between these 2 statuses?

 

Scenario-2

 

If my spouse plans to apply for Change of Status to F1 visa post October 1st 2017, she would be doing 2 status conversions F2-H4 and H4-F1?. Does she need to exit the country to mexico/Canada to get her stamping?

 

My wife is in the same boat as above. We had applied her F2 to F1 conversation on June 12th 2017 after October 1st my H1B got activated and she had her H4 activated.

Now, at this date on March 12th 2018, she is still studying on H4 visa, its her 2nd semester now, my question is was her F1 conversion nulled or abandoned, cos H4 superseeds that. I am not sure since I had applied F1 after H4 application also, her F1 visa case number still shows its in processing. Could somone guide what should be done next ?

She just has one semester left and it can be extended to 2 semesters on request. I want her to have OPT card for which we need the F1 visa asap. Shall we go ahead and apply F1 visa again for her ? Is COS safe option or should she for india  for F1 visa. If someone can guide I would really appreciate the help.

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