H4 - F1 visa transfer questions

[sushmanunna]

Hello Everyone,
I have a question about my plans to travel to the USA. First, I want to go on an H4 visa, and then I want to switch to an F1 visa within 1-2 months after I arrive. Can I apply to a university before I go for the H4 visa interview? Will this affect the visa interview? Will they ask me more questions during the interview about why I want to study at the university and why I'm getting an H4 visa?
I also want to know if the person interviewing me for the visa will know about my university application before I pay the Sevis fee for the F1 visa.
I would really appreciate your advice and thoughts on these things.
I'm looking forward to hearing your suggestions for the best thing to do in this situation.

Thank you for your help.

[Attorney_9]

An H-4 visa is considered to be a dual intent visa so applying to change your status to F-1 after you enter should not pose a problem regardless of when you file the application. Attending school is permitted in H-4 status. As such, applying to a program in advance of your travel would neither be problematic. However, if it is later determined that you purposely concealed your true intentions to travel to the U.S. then you may expose yourself to a finding of misrepresentation under INA § 212(a)(6)(C)(i) which carries a lifetime inadmissibility. 

In order to receive a detailed analysis of your case, it would be a good idea to schedule a consult with one of our attorneys.

[Soumyashree Sahoo]

Hello Everyone!

I am planning to apply for H4 to F1 COS. Currently my H4 status is valid until 2025. I already have my I-20 from university and start date of study is January 16th 2024(Spring 2024). Will it be okay if I apply for COS in December 2023 in normal processing?  I am aware that the processing time for H4 to F1 is currently 9-12 months in normal processing. Can I start study as per start date(January 16th 2024) mentioned in my I-20?