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Switch from H4 to F1 while I-485 pending

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  • Switch from H4 to F1 while I-485 pending

    Situation:
    Currently in H4 status and attending college;
    I-485 pending derivative of EB2 parent whose H1 is going to run out;
    Thinking of switching from H4 to F1 to make it possible for continuing stay in case AOS is denied.

    Seems a dependent of the primary AOS applicant can be on any visa type (other than J1/J2).

    Questions:
    1. Will such switch possibly get approved?
    2. Will it jeopardize the pending 485 application?

    Any comments and suggestions will be high appreciated.

  • #2
    NO

    You can not switch from AOS to F-1. H and L types are dual intent visa. That means, they are intended for immigration. B adn F are not. That means as a visitor or a student, your intention is presumed not ot imigrate. With the AOS pending, it clearly violates. Your F-1 application will be denied. Of course, you are in status until AOS is adjudicated. If 485 is denied, you will have to leave US. Normally INS grants about 30 days to pack up and leave.

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