Change of Status, Green Card and studying in US


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Posted

Currently I'm on F1 visa and am planning to transfer to a H4 Visa. What is the procedure to transfer to H4 visa while enrolled as F1 student? Has anyone recently gone through this procedure? From what I have read I need to file I-539 Change of status.

 

I recently got married and my spouse's green card is being processed by her company.To have the option to work in future I would like to go back to F1 visa. Will there be a problem if I decide to transfer back to F1 from H4 while my spouses green card process is going on?

 

Posted

Currently I'm on F1 visa and am planning to transfer to a H4 Visa. What is the procedure to transfer to H4 visa while enrolled as F1 student? Has anyone recently gone through this procedure? From what I have read I need to file I-539 Change of status.

 

I recently got married and my spouse's green card is being processed by her company.To have the option to work in future I would like to go back to F1 visa. Will there be a problem if I decide to transfer back to F1 from H4 while my spouses green card process is going on?

Yes, file an I539 with supporting documents.

 

You might not get a F1 once your spouse includes your name in GC process.

Posted

I recently got married and my spouse's green card is being processed by her company.To have the option to work in future I would like to go back to F1 visa. Will there be a problem if I decide to transfer back to F1 from H4 while my spouses green card process is going on?

If your name is included in the GC application then you may not be eligible for F1.

Posted

Currently I'm on F1 visa and am planning to transfer to a H4 Visa. What is the procedure to transfer to H4 visa while enrolled as F1 student? Has anyone recently gone through this procedure? From what I have read I need to file I-539 Change of status.

 

I recently got married and my spouse's green card is being processed by her company.To have the option to work in future I would like to go back to F1 visa. Will there be a problem if I decide to transfer back to F1 from H4 while my spouses green card process is going on?

 

What is not mentioned is at what point is your spouse in the permanent residency (green card) process,.e.g. PERM labor certification application, I-140 petition, I-485 adjustment of status application.  The options available and impact of those options is dependent on that status.

 

(For clarification, a dependent's name is not "included" on the principle beneficiary's permanent residency adjustment of status (green card) application, it is their own separate adjustment of status application based on the principle beneficiary's adjustment of status application.)

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