H4 to F1 visa


gnavin1

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I have approved I-149 (EB2) and PD- 05-Nov-10.

Not sure on the current GC dates. My wife decided to join School and Change her visa status from H4 to F1 do her schooling and find a job if possible on OPT/H1 after 18 months

1. Any heads up on GC dates and how much time it can take to reach 05-Nov-10

2. Will F1 get approved?

3. She has a H4 visa stamped. In case of emergency can she travel to India and return on H4 visa? ( I know F1 stamping is tough)

4. Will there be any issue on F1, when my dates become current.

Help me friends with best of your knwledge.

Regards

GNC

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  • 1 month later...

Here is what I know.

1. Not sure about when the dates will move/be current

2. Yes. you can apply for change of status from H4 to F1. In my case International Student office helped me with my COS application. You will receive the approval in 60-90 days if everything is in order and then you can en joy the benefits of F1 (on campus employment etc.)

3. If you go outside and come back on H4..then you will be on H4 after that...you can not apply for OPT or work on campus .

Getting F1 stamping from India is not difficult (as far as I know...and if everything is in order..)... I was in the same situation ...i did H4to F1 and got stamp from India....the visa officer was nice and approved my F1 within 2-3 minutes.

4. If dependent is working on OPT at the time of filing AOS then the rule is not clear about whether the dependent can continue working ..but he/she can stay legally...and there will not be any problem if his/her status is in good standing (no illegal stay)

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