Changing from H4 to F1

[ramh4tof1]

Hi, 

 

My wife is planning to change from H4 visa to an F1 visa after 2 quarters.

 

1) The university says she can convert to a F1 visa for getting the OPT in last sem.

 

2) Some universities are mentioning that we should convert to F1 and complete an academic full year in F1 status.

 

I'm not sure which is the right way . please guide me.

 

We are also planing to go to india next summer. So, will it be a problem when we choose option 1 and go for F1 stamping?

 

[rahul412]

 

My wife is planning to change from H4 visa to an F1 visa after 2 quarters.

 

1) The university says she can convert to a F1 visa for getting the OPT in last sem.

 

2) Some universities are mentioning that we should convert to F1 and complete an academic full year in F1 status.

 

I'm not sure which is the right way . please guide me.

AFAIK, universities have their own rules when it comes to OPT eligibility criteria.

[JoeF]

Hi, 

 

My wife is planning to change from H4 visa to an F1 visa after 2 quarters.

 

1) The university says she can convert to a F1 visa for getting the OPT in last sem.

 

2) Some universities are mentioning that we should convert to F1 and complete an academic full year in F1 status.

 

I'm not sure which is the right way . please guide me.

 

We are also planing to go to india next summer. So, will it be a problem when we choose option 1 and go for F1 stamping?

The law says that for an OPT, the person needs to have been a fulltime student in good standing for the previous year. Not all of that has to be in F1 status.

But, a number of universities have stricter rules and require the person to be in F1 status for the whole previous year.

[ramh4tof1]

Yes, they are. Generally univerisities are having their rules. USCIS mentions that a student must be in F1 for 1 full academic year. That concerns me.

 

My wife is studying in California state university. Can i apply for F1 in last semester as said by the university people as its a public univeristy?

 

http://www.uscis.gov/eir/visa-guide/f-1-opt-optional-practical-training/f-1-optional-practical-training-opt

[jairichi]

Yes, they are. Generally univerisities are having their rules. USCIS mentions that a student must be in F1 for 1 full academic year. That concerns me.

 

My wife is studying in California state university. Can i apply for F1 in last semester as said by the university people as its a public univeristy?

 

http://www.uscis.gov/eir/visa-guide/f-1-opt-optional-practical-training/f-1-optional-practical-training-opt

If it was me I would not take a risk. I would do one full academic year on F1 to get OPT.

[JoeF]

Talk to the DSO.

They are the final authority on this.

[vyasandeep]

Talk to your DSO.

It depends on university. My wife is also doing masters (1 year program). She did 1st semester on H4 and we will do change of status in last semester(2nd semester).

 

In this university, To obtain Optional Practical Training(OPT) under any category, you must have completed one academic year in full-time status and currently hold F-1 status.

 

No matters you did your masters on H4 but you should be on F1 status to apply for OPT.