H4 to F1, and H1 to F2

[rahul12345]

Hi,

 

I am on H1 visa, and my wife is on H4 visa. She is a student at the community college. I am trying to change her status from H4 to F1 and my status from H1 to F2. 

 

Q1> In the I20 application, it asks about if there will be any dependents on my wife's visa. I have filled out my information there. Is this enough to change my status from H1 to F2, or do I have to file another application with USCIS? 

 

Q2> She is required to write a letter explaining why she wants to go on F1 visa. Should she mention anything about my visa status in that letter? Because I myself am trying to go on F2 visa. Please advise as to what to mention in this letter, and what not to say in order to avoid any RFE in future. 

 

Thank you.

[jairichi]

Hi,

 

I am on H1 visa, and my wife is on H4 visa. She is a student at the community college. I am trying to change her status from H4 to F1 and my status from H1 to F2. 

 

Q1> In the I20 application, it asks about if there will be any dependents on my wife's visa. I have filled out my information there. Is this enough to change my status from H1 to F2, or do I have to file another application with USCIS? 

 

Q2> She is required to write a letter explaining why she wants to go on F1 visa. Should she mention anything about my visa status in that letter? Because I myself am trying to go on F2 visa. Please advise as to what to mention in this letter, and what not to say in order to avoid any RFE in future. 

 

Thank you.

1. Yes. Form I-539 has to filled and supporting documents attached and sent to USCIS.

2. It is about her need to convert to F1 and nothing about you.

[rahul412]

 Please advise as to what to mention in this letter, and what not to say in order to avoid any RFE in future. 

Then contact a good attorney.

[rahul12345]

1. Yes. Form I-539 has to filled and supporting documents attached and sent to USCIS.

2. It is about her need to convert to F1 and nothing about you.

Thank you for the reply. I have a follow up question regarding the I-539 form. I was on H1 B visa, and for (Q3. g) in the form, I checked the answer Yes, indicating I was admitted in US for work. In explaination for the Q, I was asked for my employer information, and salary. I entered all that. But I am on notice period now. So more of a grey area. I have received severance package for 30 days which end on 20th of this month. I believe I have 2 more weeks after that. This is the reason why I am trying to go on F2 visa. 

 

one more thing bothering me is that whether this process only takes care of my wife COS from H4 to F1 or will this also change my status. 

 

please advise! 

[jairichi]

Thank you for the reply. I have a follow up question regarding the I-539 form. I was on H1 B visa, and for (Q3. g) in the form, I checked the answer Yes, indicating I was admitted in US for work. In explaination for the Q, I was asked for my employer information, and salary. I entered all that. But I am on notice period now. So more of a grey area. I have received severance package for 30 days which end on 20th of this month. I believe I have 2 more weeks after that. This is the reason why I am trying to go on F2 visa. 

 

one more thing bothering me is that whether this process only takes care of my wife COS from H4 to F1 or will this also change my status. 

 

please advise! 

As long as you are working and being paid you are fine. One application form to file both of your COS.

[rahul12345]

Thanks for the response. I was paid severance pay last month. I have the pay stub for that. I didn't get any pay this month. Let me list the reason for doing so, and please advise if this the best course of action in such situation: 

 

1> I was told I was going to lose my job just when my wife got admission and started her schooling on H4 status. Now its lot less expensive if you do the schooling on H4 status. On F1 status she is required to maintain fulltime student status by enrolling in 4 courses and paying international student fees. 

2> By going on F2 visa, I am trying to buy some more time to find another job. But this is rather expensive gamble given the international student tuition fees for the semester. 

 

>>> If I stay put on H1B visa, and my wife were to continue education on H4 visa, it saves me some money which I really need but I don't know what happens to my status. Will be be considered illegal? If I find another job, will I be able to transfer my H1 B visa then. (I will not have any current paystubs then). I don't work in IT industry, so generating paystubs is not an option for me. 

As long as you are working and being paid you are fine. One application form to file both of your COS.

[jairichi]

Thanks for the response. I was paid severance pay last month. I have the pay stub for that. I didn't get any pay this month. Let me list the reason for doing so, and please advise if this the best course of action in such situation: 

 

1> I was told I was going to lose my job just when my wife got admission and started her schooling on H4 status. Now its lot less expensive if you do the schooling on H4 status. On F1 status she is required to maintain fulltime student status by enrolling in 4 courses and paying international student fees. 

2> By going on F2 visa, I am trying to buy some more time to find another job. But this is rather expensive gamble given the international student tuition fees for the semester. 

 

>>> If I stay put on H1B visa, and my wife were to continue education on H4 visa, it saves me some money which I really need but I don't know what happens to my status. Will be be considered illegal? If I find another job, will I be able to transfer my H1 B visa then. (I will not have any current paystubs then). I don't work in IT industry, so generating paystubs is not an option for me. 

If you are terminated and if a new employer did not file a cap exempt H1B petition before your last day with current employer and if your cap exempt H1B petition gets approved it will be approved as consular processing. This is because you do not have recent pay stubs to show USCIS that you maintained your H1B status in US. Since you are not in H1B status during this time your wife ceases to exist on H4 status.

[rahul12345]

As long as you are working and being paid you are fine. One application form to file both of your COS.

My employer's lawyer gave me an advice without charging me for it: He said "if I use one application for change of status for both me and my wife, it will be denied for sure. Best case scenario they will send a request for evidence stating that you must be removed from the application for it to be approved. Once you are removed you will need to leave the U.S. in order to get an F-2 visa stamped in your passport. And the Consulate may or may not grant you F-2 status because of the nonimmigrant intent issue." 

 

Now I am lost. This advice came in after I had paid $290 for USCIS, another $200 also to USCIS i guess, and another $100 to school to generate I-20. Now the school has generated an I-20 in my wife's name! what to do?