H4 to F1 status query

[Shraddha Shah]

Hi,

I am a student studying on H4. I am done with two semesters and now in my third semester. I want to start my next semester with an F1 visa. I have started my process. But because of covid-19, I am uncertain about the time frame. What if my COS approval comes late next semester then will my semester that will start from January 2021 considered on F1? And will that affect my OPT too?

[adshah84]

To get eligible for OPT you need to be on F1 for full academic year.   

[JoeF]

18 hours ago, adshah84 said:

To get eligible for OPT you need to be on F1 for full academic year.   

Sorry, that's wrong.

The law says that when applying for OPT the person has to be in F1 status and in good academic standing for the last academic year. That does NOT have to be all in F1 status.

Some universities are stricter and don't allow applying for OPT unless the person has been on F1 for the last academic year, but the law does not require that. The OP should check with the university's international office.

Edited October 24, 2020 by JoeF

[Balakanishkar]

I am in H1B and my daughter currently doing her 12th grade, starting next year she will be in college, now her age is 17, should I need to apply under an F1 visa or H4 visa. Please confirm because when she completes her college might be 21, can I change visa status at the age of 20 before starts 21 age as F1, now can I start with H4.

[JoeF]

She can study with the H4 just fine. Also,if she goes to a public college in the state where you live she would likely qualify for in-state tuition. Usually, residence in the state for 1 year is required to qualify for in-state tuition. On F1 a person always has to pay out-of-state tuition, which is a lot higher.

However, on H4 she can not work on campus. And yeah, age-out is 21, so before she turns 21 she would have to file a change to F1. She also needs to be on F1 to qualify for OPT. Some colleges require a year on F1 (the law only says that the person has to be on F1 when applying, and in good academic standing for the last academic year.)