Gap between H4 Expiry Date and F1 Start Date

[srini1981]

Hello, 

 

Here's my situation:

·  I am currently on H1B and my visa is valid till July 5th, 2014

·  My wife’s H4 visa is also valid till July 5th, 2014

·  My wife joined college this Spring 2014 on a H4 visa and she applied for a change of Status from H4 to F1 on Jan 15th, 2014

·  She received the I-797A notification a few days back with F1 valid from July 26th, 2014 UNTIL D/S

·  Now we have a gap between July 5th and July 26th, when she will not be on any status.

·  I am on the 7^th year of H1 and my company has filed my PERM certification (ETA has been filed on Nov 23, 2013; EB2 Category)

Here are my questions:

·  Does  my wife have to leave the country (go to India and get the F1 visa stamping) as there is a gap between the H4 expiry date and the F1 approval date (when she will not be on any status) or can she stay here without doing anything legally and resume college on/after July 26th (Is there any consideration for the gap period)

·  Is there any other legal option for her to just stay legally here without leaving the country and resume college July 26th, 2014

 

Looking forward to your expert opinion

 

Thank you very much for your time

 

Regards,

[jairichi]

Hello, 

 

Here's my situation:

·  I am currently on H1B and my visa is valid till July 5th, 2014

·  My wife’s H4 visa is also valid till July 5th, 2014

·  My wife joined college this Spring 2014 on a H4 visa and she applied for a change of Status from H4 to F1 on Jan 15th, 2014

·  She received the I-797A notification a few days back with F1 valid from July 26th, 2014 UNTIL D/S

·  Now we have a gap between July 5th and July 26th, when she will not be on any status.

·  I am on the 7^th year of H1 and my company has filed my PERM certification (ETA has been filed on Nov 23, 2013; EB2 Category)

Here are my questions:

·  Does  my wife have to leave the country (go to India and get the F1 visa stamping) as there is a gap between the H4 expiry date and the F1 approval date (when she will not be on any status) or can she stay here without doing anything legally and resume college on/after July 26th (Is there any consideration for the gap period)

·  Is there any other legal option for her to just stay legally here without leaving the country and resume college July 26th, 2014

 

Looking forward to your expert opinion

 

Thank you very much for your time

 

Regards,

When does her I94 expire? That will determine whether she has to exit and enter US with a F1 visa.

[t75]

Visa or I-94?

[srini1981]

Hello guys, 

 

Thanks for your responses. My wife's I94 also expires by July 5th, 2014. Please let me know your thoughts.

 

Thanks,

Visa or I-94?

 

 

When does her I94 expire? That will determine whether she has to exit and enter US with a F1 visa.

[srini1981]

Guys, Thank you for responding back. My wife's I-94 is also valid till July 5th, 2014.

Please let me know your thoughts.