COS from H4 to F1, while H4 extension is in progress


Rashmi Purvachar

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Hi, am a resident of Pennsylvania, US. Am currently on H4 which will be expiring in this October 2017. I yet to submit my documents for H4 extension. I have started my MS a month ago and wish to get my F1 visa done. My concerns are,

1. Should I go ahead with applying for H4 extension, while I apply for i20 and get my F1 stamped? Does these affect each other? If my H4 approval comes after F1 stamping, will I end up with H4?

2. Or, should I just get my F1 stamped before my H4 expires and do not process my H4?

3. Or should I wait for my H4 approval and then process my F1?

Meanwhile, I do not have last name in my passport and wish to go for a name split. (FYI, Passport expiring in July 2018). If I apply for name split now, here in US, Does this impact my F1 or H4 visa process?

Please suggest me the best, given my current situation. 

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1 hour ago, Rashmi Purvachar said:

Hi, am a resident of Pennsylvania, US. Am currently on H4 which will be expiring in this October 2017. I yet to submit my documents for H4 extension. I have started my MS a month ago and wish to get my F1 visa done. My concerns are,

1. Should I go ahead with applying for H4 extension, while I apply for i20 and get my F1 stamped? Does these affect each other? If my H4 approval comes after F1 stamping, will I end up with H4?

2. Or, should I just get my F1 stamped before my H4 expires and do not process my H4?

3. Or should I wait for my H4 approval and then process my F1?

Meanwhile, I do not have last name in my passport and wish to go for a name split. (FYI, Passport expiring in July 2018). If I apply for name split now, here in US, Does this impact my F1 or H4 visa process?

Please suggest me the best, given my current situation. 

1. Not suggested. Yes, you will be on H-4 if your H-4 approval comes after F-1. Try for F-1 instead of the confusion.

2. Just get your F-1 stamped.

3. Upto you. But if you are firm on F-1 change of status then go for it.

NO impact. Try to renew your passport at the same time while name change. You can renew your Indian passport 365 days before it's expiry date.

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  • 2 months later...

Hi , My Wife's case is similar and thought would be good to add to this topic.

My wife is currently on H4 which expired on August-9th 2017. Wife's H4 Extension is filed along with my H1 Extension on July-7-2017.

My Wife started an academic program 3 months ago and wish to file COS from H4 to F1.

Our concerns are,

1. Should we go ahead filing F1 COS now?

2. Lets Say status is changed from H4 to F1 in 3 months and after that if H4 extension is approved will that H4 approval change the status from F1 back to H4 ?  

3. Is there a way we can mention about the H4 extension that is in progress ,  in  the I-539 we are sending for H4 to F1 COS , so that they will make a note of it and wont change the status back from F1 to H4 ??  ( Attaching the section in I-539 which i felt can be used for this , but not very sure if this can be used only when the H1 extension is already approved or can be used by giving the acknowledgement receipt number we get after filing ) . please let know.

4. Lets say the F1 conversion in done by end of December,  As H4 Extension might approve approx by end of Jan-2018 ( as current trend is >=8 months from filing date) ,  will it be possible to request the Immigration Team to not consider that H4 extension ? If yes could you please tell the process ?

Could you please suggest me the best for my Wife's COS, given current situation ? Thank you for your Help.

Regards,
Ravi

I-539_Murthy Law Firm Question_091017.JPG

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