Change of status from H-4 to F-1 in USA

[contactml]

Hi,

 

I am H1 holder and my wife is on H4 visa. My wife wants to study Montessori course where they have 1 yr study and 1 yr of training program. My wife needs to be on F1 by the time training program starts as it will be on the job training. I have few doubts on COS from H4 to F1 and then F1 to H4.

 

1. Her school starts from next month and study will continue for around 10 months. After that her training program will start. Consider COS timeline from H4 to F1, 

    when should my wife apply for F1 visa?  She needs F1 for on the job training, and she can study course being on H4, as suggested by Montesorri.

 

2. Will there be any issue in COS from F1 to H4 once the training period is over? 

 

3. Will it be risky to travel to India after COS from H4 to F1? I read some where that its risky for visa stamping

when one needs to travel on F1 to India. We want to travel to India next year, should we change H4 to F1 after we come back and then start the training period?

 

4. Will there be any issue in case my GC date becomes current and if my wife is on F1 during that time? We have filed for GC. Though there are no much forward movement for India on EB2, the process is not so clear and anytime the date can become current. 

 

What do you suggest?

 

Appreciate your time and help. 

 

Thanks and best regards.

[jairichi]

 

Hi,

 

I am H1 holder and my wife is on H4 visa. My wife wants to study Montessori course where they have 1 yr study and 1 yr of training program. My wife needs to be on F1 by the time training program starts as it will be on the job training. I have few doubts on COS from H4 to F1 and then F1 to H4.

 

1. Her school starts from next month and study will continue for around 10 months. After that her training program will start. Consider COS timeline from H4 to F1, 

    when should my wife apply for F1 visa?  She needs F1 for on the job training, and she can study course being on H4, as suggested by Montesorri.

 

2. Will there be any issue in COS from F1 to H4 once the training period is over? 

 

3. Will it be risky to travel to India after COS from H4 to F1? I read some where that its risky for visa stamping

when one needs to travel on F1 to India. We want to travel to India next year, should we change H4 to F1 after we come back and then start the training period?

 

4. Will there be any issue in case my GC date becomes current and if my wife is on F1 during that time? We have filed for GC. Though there are no much forward movement for India on EB2, the process is not so clear and anytime the date can become current. 

 

What do you suggest?

 

Appreciate your time and help. 

 

Thanks and best regards.

 

1. Currently a COS takes around 4 plus months.

2. No problem.

3. As long as documentation is good nothing to worry.

4. As long as your wife is not included when you filed I-140.

[contactml]

1. Currently a COS takes around 4 plus months.

2. No problem.

3. As long as documentation is good nothing to worry.

4. As long as your wife is not included when you filed I-140.

Hi Jairichi,

 

Thanks a lot for your answers.

 

I did not get #4. She was included when I filed I-140. Considering this, do you see any issue in case she is on F1 and GC dates become current. 

 

Thanks.

[jairichi]

Hi Jairichi,

 

Thanks a lot for your answers.

 

I did not get #4. She was included when I filed I-140. Considering this, do you see any issue in case she is on F1 and GC dates become current. 

 

Thanks.

If I-140 has her name then you cannot apply for F1 as it defeats the purpose of F1 status (return to home country after study completion)

[jairichi]

Hi Jairichi,

 

Thanks a lot for your answers.

 

I did not get #4. She was included when I filed I-140. Considering this, do you see any issue in case she is on F1 and GC dates become current. 

 

Thanks.

If I-140 has her name then you cannot apply for F1 as it defeats the purpose of F1 status (return to home country after study completion)

[renissance]

hello everyone, My current situation is I am on H4 visa and have been in USA for the past one year. Now I have got admission in a school so I am trying to change my status from h4 to f1. My questions are on form i539, q.no 3g which says -

Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status? for which my answer is NO. On answering NO, the second part of the question states as - 

If you answered "No" to Question 3g in Part 4 on Page 3 of this form, fully describe how you are supporting yourself. Include the source, amount and basis for any income.

Now do I need to explain on how I am supporting myself currently when on H4 or How I would support myself when on F1?? or both as in present and future plans?

Kindly help me out with this question. Your help is appreciated. Thank you.

[jairichi]

hello everyone, My current situation is I am on H4 visa and have been in USA for the past one year. Now I have got admission in a school so I am trying to change my status from h4 to f1. My questions are on form i539, q.no 3g which says -

Have you, or any other person included in this application, been employed in the United States since last admitted or granted an extension or change of status? for which my answer is NO. On answering NO, the second part of the question states as - 

If you answered "No" to Question 3g in Part 4 on Page 3 of this form, fully describe how you are supporting yourself. Include the source, amount and basis for any income.

Now do I need to explain on how I am supporting myself currently when on H4 or How I would support myself when on F1?? or both as in present and future plans?

Kindly help me out with this question. Your help is appreciated. Thank you.

Yes, you need to explain both and provide necessary documents.

[renissance]

Yes, you need to explain both and provide necessary documents.

Thank you.