H4 --> COS to F1. H4 expiry Oct 1

[karan463]

Hello,

 

I came to US on March 23 2014 (H4 Visa) and i got admission into a college for FALL-2014 and ends in FALL-2015.(18 months).

 

My H4 expires on Oct 1st and my spouse's employer took documents for H1(of my spouse) and H4 Extension last week.

I would like to apply for COS to F1. Is it ok to apply for COS to F1 at the same time as H4-Extension? What would be best way to proceed with COS to F1.

 

I have enrolled in an advanced Analytics course, so i thought it would be good to have a Internship/practical experience of the subject.The college OPT application norm says "Students on F1 status should have been enrolled in college on a full-time basis for at least one full academic year to be eligible for OPT."

If I Start schooling on H4 and then after my H4 gets extension approval and then apply for COS to F1 in which case i might get F1 from JAN-2015(SPRING).

My concern is if i apply for COS to F1 after Oct 1st week or after H4 extension approved. then by the End of the Graduation i.e, FALL-2015 i will not be eligible for OPT as i will not be in F1-status for one full academic year.

 

Any help is much appreciated !

[rahul412]

 

My concern is if i apply for COS to F1 after Oct 1st week or after H4 extension approved. then by the End of the Graduation i.e, FALL-2015 i will not be eligible for OPT as i will not be in F1-status for one full academic year.

That's correct.

[jairichi]

Exit and enter US with a valid F1 visa.

[karan463]

Hello,

 

Thanks a lot for your replies!

 

Yesterday i got a mail from College International-Program director that - "I have to be on F1-status by the time i apply for OPT", so which means i can start college on H4 and later apply for COS to F1.

 

Considering my scenario - H4 expires on Oct 1st and my spouse's employer took documents for H4 extension but not yet applied to USCIS.

 

normally how much time it takes for H4 extension?

 

And Which would be better way to proceed -

 

1.Let H4 extension continue and once after approval of H4 then proceed with COS to F1 after Oct 1st?

or

2.Abort H4 extension process and apply COS to F1 now?

 

Looking forward for a response.

[karan463]

Want to add this to the 2nd question in my previous reply....

 

2.If i apply COS to F1 now and if it appears "Pending" even after Oct 1st which is the date my H4 Expires, is it legal to stay in US and continue education with expired H4 and COS-F1 application in "Pending" status?

[jairichi]

COS takes around 3 to 4 months. Plan accordingly.