H4 to F1 - Urgent response requested

[lucifer_ashy]

Hi, I'm currently on H4 visa but am planning to do Master's. I did get admission with assistanceship for Fall 2013. However, I must be on F1 status to make use of the assistanceship and it must be completed by Aug 12th.

So, here's my dilemma -

Whether to be in United States and apply for Change of Status - if so, what are the chances of getting it done by Aug 12th

Or if I have to travel to India and take the risk of change of status there, which could very well be a hit or miss - given my husband is already on H1B (and has completed the I-140 step 2 completed in GC processing).

I would request the experts to just drop a note in response to my concern - it could really help my career going forward!

Thanks so much for your time.

[pontevecchio]

You could do either if the college is a known and fully accredited one. Worst case you can study in H4 status.

[shekar11#]

Whether to be in United States and apply for Change of Status - if so, what are the chances of getting it done by Aug 12th

Approxiamate processing time is 2.5 months to 3 months. You might even get it earlier than that. But nobody can tell you for sure. There have been cases where processing time took over 4 months. But this is the safe option.

Got my approval in exactly 2 months. But my friend's took almost 7 months to get approved. Problem is you cannot even do premium processing for this.

Or if I have to travel to India and take the risk of change of status there, which could very well be a hit or miss - given my husband is already on H1B (and has completed the I-140 step 2 completed in GC processing).

As you said it is a hit or miss.

[asoka.boola]

Hi

I am currently on H4 pursuing full time MBA, having already finished 4 consecutive full time semesters, Spring12 (3 courses), Summer12 (2 courses), Fall12(3), Spring13(3) and one more semester to go. I applied for a change of status to F1 a month back (Receipt date 12th April 2013) and it is still in processing (initial review). The final decision is expected by the end of July 2013. Meanwhile i had an urgency to visit India. My question is

1) While my change of visa status to F1 is in processing, can I travel to India on my valid H4 and come back before the decision on my F1 comes?

2) In case the answer is Yes, and before I come back from India, if my COS to F1 is approved, do I need to go for F1 stamping for coming back to US or not required?

3) Suppose if my F1 is approved in July, can i take a semester break in the very first semester (Fall) that starts from Aug?

4) If I want to visit India and come back without any visa hastle (i.e. travel on valid H4), can I withdraw my change of status application before the final decision is made?

5) I really need a job after MBA and what is the ideal way to proceed?

[shekar11#]

1) While my change of visa status to F1 is in processing, can I travel to India on my valid H4 and come back before the decision on my F1 comes?

Once you apply for a change of sttaus you cannot travel until its approved otherwise the COS will be abandoned.

2) In case the answer is Yes, and before I come back from India, if my COS to F1 is approved, do I need to go for F1 stamping for coming back to US or not required?

Answer is you cannot travel while COS is pending.

3) Suppose if my F1 is approved in July, can i take a semester break in the very first semester (Fall) that starts from Aug?

Not sure.

4) If I want to visit India and come back without any visa hastle (i.e. travel on valid H4), can I withdraw my change of status application before the final decision is made?

Yes this is the best option. But make sure you withdraw the application.

5) I really need a job after MBA and what is the ideal way to proceed?

Come back and apply COS.