H4 to F1 conversion when H4 extension already filed

[jagan_trivedi]

Hi,

Here is my situation.

1. H4 visa expiring in Oct 2011 and thus Lawyer of my company has already filed the extension for my wifes H4 and my H1. This process is a bit lengthy and might take like 6 months.

2. My wife wants to convert her status from H4 to F1 and continue studies on F1 reason being that she wants to avail CPT benefits after having done one year full time on F1. The DSO of the university mentioned that you need to be full time F1 for one year to get CPT.

Would applying for a change of status from H4 to F1 while there is an application pending for H4 extension be a problem ?

I need urgent help regarding this matter. Any help and experiences are appreciated.

[rajorshic]

You can apply for COS to F1 when H4 is pending. However, you need to send a withdrawal letter for your previous H4 stating the details of receipt number etc. I am not sure if there is any specific form for it. Otherwise, USCIS considers the last action rule, which means whichever visa was last issued, is considered your current status. In your case, if your H4 visa comes after F1 approval the status would change to H4. Please note that I am not a lawyer and my experience is completely based on the understanding gathered through forums.