F-1 to H4 COS Questions

[bclara]

I am F1 student enrolled in PhD program for past 2 years. Due to maternity reasons, I wish to take a year's break from program. I know we cannot take break on F1 visa, so I will be applying for COS to H4 visa.

 

My husband is on H1 with I140 approved and waiting for priority dates to be current to file for I-485. I am included in I-140 application.

 

Can you please advice on how to answer below on I-539 COS  application:-

 

3a. Are you or any other person, an applicant for an immigrant visa?

3b. Has an immigrant petition ever been filed for you or for any other person in this application?

3c. Has Form I-485 ever been filed by you or by any other person in application?

 

I think I need to answer NO for all above 3 questions since I-485 has not been filed for me yet and I-140 is husband' application.

 

Can someone please confirm this?

 

Thanks in advance.

[pontevecchio]

You need to answer "NO" and anyway H4 is considered dual intent.

[jairichi]

I am F1 student enrolled in PhD program for past 2 years. Due to maternity reasons, I wish to take a year's break from program. I know we cannot take break on F1 visa, so I will be applying for COS to H4 visa.

 

My husband is on H1 with I140 approved and waiting for priority dates to be current to file for I-485. I am included in I-140 application.

 

Can you please advice on how to answer below on I-539 COS  application:-

 

3a. Are you or any other person, an applicant for an immigrant visa?

3b. Has an immigrant petition ever been filed for you or for any other person in this application?

3c. Has Form I-485 ever been filed by you or by any other person in application?

 

I think I need to answer NO for all above 3 questions since I-485 has not been filed for me yet and I-140 is husband' application.

 

Can someone please confirm this?

 

Thanks in advance.

3a. NO

3b. YES

3c. NO

 

And, after getting a COS to H4 you cannot come back to F1 as your name is there as part of your spouse's approved I140.

[catx]

You are correct that "immigrant" is referring to permanent residency (green card), e.g. an I-485 adjustment of status application.  (A H visa is a "non-immigrant" visa, and a person on a non-immigrant visa is an "alien" versus an "immigrant".).  Also, technically a dependent is not "included" on the primary beneficiary's I-140 petition.  That applies when a derivative I-485 adjustment of status application is filed based on the primary beneficiary's I-485 adjustment of status application.

[bclara]

Thank you all for your responses. I will be answering NO on all the 3 questions.

In future if I wish to come back on F1 (assuming I-485 not filed yet), would that be a problem due to my husband's approved I140 ?

[bclara]

Thank you all for your responses. I will be answering NO to all 3 questions.

In future if I wish to come back on F1 (assuming I-485 is not filed), would that be a problem due to husband's approved I140?

[jairichi]

 

Thank you all for your responses. I will be answering NO to all 3 questions.

In future if I wish to come back on F1 (assuming I-485 is not filed), would that be a problem due to husband's approved I140?

 

It will not be a problem.

[jairichi]

You need to answer "NO" and anyway H4 is considered dual intent.

Pontevecchio, in OP's post it is mentioned that her name is included in husband's I140 application that got approved. Isn't is considered as immigration petition or only I485 is considered so? Won't she has to answer YES for question 3b?

[t75]

How does your advisor feel about you taking a year off?  Why should he/she hold your place?

[catx]

 

In future if I wish to come back on F1 (assuming I-485 is not filed), would that be a problem due to husband's approved I140?

 

 

Possibly, as a F-1 visa does not allow dual immigration intent (i.e. allow you pursue permanent residency), and the intent is that a person returns to their home country upon completion of their degree (+/- OPT employment authorization period) supported by evidence of strong ties to their home country.  A spouse pursuing permanent residency can negatively impact proving that a person will be returning to their home country upon completion of their degree.

 

Given the situation you posted, your plan to change status to a H-4 visa is probably the only viable option.  You can address an H-4 to F-1 change of status in the future, engaging a qualified, experienced immigration attorney if necessary.  You can always continue your PhD program while on a H-4 visa.

[pontevecchio]

Only an I485 is actual evidence of Immigrant status though intent is a frame of mind.

[jairichi]

Only an I485 is actual evidence of Immigrant status though intent is a frame of mind.

Thanks for the clarification. But, will a spouse's approved I140 with OP's name be a hinderance for OP to move to F1 later?

[pontevecchio]

As in all things in life it depends. If it is the institution in Newhaven if you catch my drift  and F1 is needed to fulfill certain requirements for the PhD I would suspect F1 status is eminently achievable. If it is *NVA if you catch my drift then extremely low chances.

[bclara]

Appreciate your responses again. I spoke with my DSO and most likely they will be terminating my current SEVIS record as I go to H4. If and when I am able to come on F1, I will be getting new SEVIS record.

DSO is also talking to their attorney to confirm this. Will keep you guys posted.

[bclara]

My DSO adviced that they will terminate my current SEVIS record as authorized early withdrawal and new SEVIS record would be created once I enroll back on F1.

I have a question regarding documents to be send for F1-H4 transfer. I believe I can send copies of my husband's H1 approval and other supporting documents. Is it okay to send copies or do we need to send originals?

Also if sending copies, do copies need to be notarized?

 

Thanks in advance

[jairichi]

My DSO adviced that they will terminate my current SEVIS record as authorized early withdrawal and new SEVIS record would be created once I enroll back on F1.

I have a question regarding documents to be send for F1-H4 transfer. I believe I can send copies of my husband's H1 approval and other supporting documents. Is it okay to send copies or do we need to send originals?

Also if sending copies, do copies need to be notarized?

 

Thanks in advance

Copies and no need for notarization.

[chikkubhai]

""And, after getting a COS to H4 you cannot come back to F1 as your name is there as part of your spouse's approved I140.""

 

Are you sure? There are quite many whose spouses are studying on F1 and waiting for their never ending GCs.

 

Were you able to continue studies where you left off?