H4 to F1 out of status criteria

[Lal]

I had got my I-20 for this August (Fall semester) and have applied for Change of Status from H4 to F1. I expect my F1 to come after August 2013.

Now I want to defer my start of course to February 2014 (Spring semester) and the school has agreed to it.

 

So my question is, if my change of status to F1 approval comes in Oct (after August) and I have not enrolled in the school (because I will start school in February 2014), will I be out of status from Oct. 2013 to Feb 2014?

[livliv]

Once the chance of status is approved, you must start from the first available semester.

[Lal]

Thanks for the reply. That means I will not be out of status if my visa comes in Oct and I start school in Feb???One more question: During that period (Oct - Feb) what will be my visa? F1 or H4.

[ge145]

Talk to your school in regards to this

You may need to file change of status again from F1 to H4 or withdraw your application from USCIS

[livliv]

The answer is that once change of status is approved, you must begin full-time from the earliest available semester. The status during that period will be F1. You can also begin studying in H4 status without deferring.

[Lal]

Hi livliv,

 

Thanks a lot for your answer.

 

I know I can start studying in H4 but because of financial reasons I want to defer my semester to spring so that I can get assistance-ship from my col. My only concern is will I be allowed to stay in this country once my F1 is approved and I have not started my class. Will it be illegal to stay in US in F1 status till my semester begins. Please help me in this

[jairichi]

Hi livliv,

 

Thanks a lot for your answer.

 

I know I can start studying in H4 but because of financial reasons I want to defer my semester to spring so that I can get assistance-ship from my col. My only concern is will I be allowed to stay in this country once my F1 is approved and I have not started my class. Will it be illegal to stay in US in F1 status till my semester begins. Please help me in this

Once your COS to F1 is approved you can not stay legally if you do not join school. My best suggestion is if you are that keen to defer admission to spring semester, speak to your university authorities and get it approved from them. Once your COS gets approved by USCIS go to your home country, apply for a visa and enter before your spring semester start date.