COS from H4 to F1 while H4 Ext is in-progress


spratt

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Hi,

I applied for H1 Ext under PP in March and it is approved. However my wife's H4 Extension is still in progress. Meanwhile, she had to travel to India and got her H4 visa stamped using my latest I797. I wanted to convert her H4 to F1 now.

Can i go ahead and file COS from H4 to F1 while H4 Ext is In-Progress?

Thanks!

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This is not how it works. Since she left her EOS is deemed abandoned as she has no status to extend. She can return with the H4 visa and show your latest H1 petition to return and she will have H4 status again till your I94 expiry.. She can apply for a F1 visa back home with chances of approval based on the Integrity of the college she will attend and come over up to 30 days before classes start in F1 status. Or she can come over in H4 status and change status to F1. Be warned the COS to F1 seems to be taking very long and the F1 visa route may be better.

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