H4 to F1 COS - when H4 extension is in-doubt

[Abhi2019]

Hey all

 

Current status

On H4 visa with expiry at 06/26.

Started school (Masters) on 06/15 with the current H4 visa.

Applied for H4 extension along with my spouse's H1B extension.

H1B extension for my spouse got an RFE on 06/19.

 

Best case scenario (have a plan here)

H1B extension gets approved post RFE response. H4 extension also gets approved. Continue studies on H4.

Travel to India/Canada when safe to do so and convert to F1.

 

Worst case scenario (looking to find all possible backup plans. kindly help)

If my spouse's H1B extension has issues post replying to RFE, wanted to gauge all the possible options I have:

 

1. If my H4 gets denied, what are the options to continue my Master's education?

- Can I apply for H4 to F1 COS post H4 extension denial? If so, within how many days?

- Can I appeal the denial and continue stay in US?

- How many days do I get to stay in US post denial (not getting to illegal stay)?

Trying to understand best possible work-arounds here.

 

2. Can I apply for H4 to F1 COS now to be safe?

- Question I have here is, I will not be able to complete this application before my current H4 expiry (since need to generate i20 from college and takes more than 5 business days). Can I still apply for H4 to F1 COS (post my current H4 VISA expiry date - 06/26 with the notion that I had an H4 extension application in-progress)?

- Will I need to revoke my H4 extension application? And if I do this, since I am applying for H4 to F1 COS post current H4 VISA expiry, will the days from current H4 VISA expiry to COS application filed be treated as illegal stay?

- Travel outside to US and apply for F1 at an embassy (not considering now with the COVID situation and borders closed)

 

3. [For both of us] In case there is a denial, is there any form that can be filled to extend stay in US (rather than the 15 day period) until its safe to travel?

Edited June 22, 2020 by Abhi2019

[User099]

If your H1/H4 is denied, you will have to leave with in 30 days. You can't appeal H4 if H1 is denied, H1 will need to be appealed and you can stay while the appeal is pending. You can't do a COS to F1 if H4 is not valid. H4 will need to be valid, till F1 COS is approved.

If should apply for COS to F1 and wait for it to be approved while maintaining H4 will be the best option now rather than traveling to get visa stamping.  

[Abhi2019]

Thanks for the reply. Yes, that is the plan. Hoping the H4 extension goes through and I can travel to embassy (if next year) or apply for F1 COS (if this year).

 

Was Trying to understand if there is any advantage whatsover if I apply for H4 to F1 COS now (application send before i94 expiry).

- If in-case H4 gets denied (due to H1B denial), can I still stay (and continue study in US) while COS to F1 application is pending?

- H4 to F1 COS gets approved before H4 extension result (then no longer need to be tied to H4 extension result). My understanding is that F1 COS takes much more time than H4 extension result. So, don't think this helps.