H4 to F1 status change.

[Pallavimshetty]

Hi,

 

I am new to this site .I am looking for help.I am currently on H4 visa I got admitted to one of the college here in US to do my masters program.I decided to be on H4 status for first 2 semester as full time student and then change the status to F1 and get OPT at the end of course .But now college DSO says I should be a F1 fulltime student for minimun one academic year to be eligible for OPT/CPT.My question is ,

 

1.Does USCIS says that I should be F1 fulltime student to get the OPT/CPT.Not any other status?

 

2, Can I get OPT/CPT even if I am full time student with H4 status and change a status at the later semester .

 

 

Thanks in advance

Pallavi

[jairichi]

Hi,

 

I am new to this site .I am looking for help.I am currently on H4 visa I got admitted to one of the college here in US to do my masters program.I decided to be on H4 status for first 2 semester as full time student and then change the status to F1 and get OPT at the end of course .But now college DSO says I should be a F1 fulltime student for minimun one academic year to be eligible for OPT/CPT.My question is ,

 

1.Does USCIS says that I should be F1 fulltime student to get the OPT/CPT.Not any other status?

 

2, Can I get OPT/CPT even if I am full time student with H4 status and change a status at the later semester .

 

 

Thanks in advance

Pallavi

1. It varies based on institution. If your DSO says so then it is the institution policy.

2. No.

[catx]

First, yes, the USCIS specifies that a person must a full-time student on a F-1 visa to be eligible for OPT employment authorization.  Second, a university has the right to require additional conditions such as being a full-time student in good standing on a F-1 visa for 1 year to be eligible for OPT employment authorization.

[t75]

Your DSO is the responsible for determining eligibility according to their rules.

[t75]

You may NOT be on OPT or CPT in H4.

 

CPT is ONLY for working as part of an approved curriculum. DO NOT TRY TO ABUSE THE PRIVILEGE YOU HAVE OF ATTENDING SCHOOL IN THE US>

[Pallavimshetty]

Thanks for the reply.

t75 thanks .But I am not trying to get OPT/CPT with H4 Visa .My question was is it possibke to get OPT/CPT if I change my visa status to F1 in the last semester.

[jairichi]

Thanks for the reply.

t75 thanks .But I am not trying to get OPT/CPT with H4 Visa .My question was is it possibke to get OPT/CPT if I change my visa status to F1 in the last semester.

If your institution policy does not allow then you cannot.

[m_user]

Most colleges have policy to not let work on H4 so no CPT/OPT will be approved on H4 otherwise what the use of F1. Its alyways better option to go to F1 as soon as possible to save time and money.

[t75]

CPT is ONLY part of an established curriculum and NOT to work in the US while a student.

 

Whether you will qualify for OPT at a particular time is a question for your DSO.

[catx]

Most colleges have policy to not let work on H4 so no CPT/OPT will be approved on H4 otherwise what the use of F1. Its always better option to go to F1 as soon as possible to save time and money.

 

Two incorrect points in the above quoted post.  1) It is not a college policy to "not let work on a H-4" visa -- it is the U.S. immigration law, regulations, and rules that do not allow any employment authorization (including OPT) on a H-4 visa.  2) It is not "always" the better option to study on a F-1 visa and it does not necessarily save time nor money.

[JoeF]

Most colleges have policy to not let work on H4

Actually, that has nothing to do with policy. It is the law. Somebody on H4 can not work at all.

For OPT, that's a part of the F1. So the person has to be on F1 to get OPT. The law says that the person has to be studying, and in good standing for the last year to qualify for OPT.

As others have already said, universities often add additional requirements, like being in F1 status for a year.

It doesn't help the OP, but people who try to do what the OP wanted to do should check with the university early on what the requirements are. Don't wait until the last minute.

[chirag_patel]

Hi

 

I am on H4 currently in process for admission. Willing to start university in April 2014. I got few questions

1) How to fill out Part-3 questin #2 & 3 in form I-539. 

2) Beside bank statement and pay stubs what other financial documents are required.

3)  For passport information I have renewed my passport from NY. Do I need to enter new passport information ? and also mail in old passport copies along with my application.

4) Beside I-539 do I have to fill any other form on behalf on my spouse ? (like form I-129 or so) or as my spouse has already got H-1 approved do I just need to send copies of approved H1 and copy of passport (new and old) ?

I am planning to apply ASAP as soon as I get my I-20 I will apply, 

 

Please Assist

Chirag