My wife is currently on H4 VISA and it is valid till Oct -2015 (which we wanted to get it extended) Mean she got an admission for college and she is studying in H4 VISA at least first semester. Now the issue is, if she wanted to convert to F1, can she do it from the month of September 2015? We know that approval will take some 5-6 months, until that time can she live with F1 Aplication number? Or she should apply for H4, get it approved and then apply for F1? Please suggest.
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If her H4 status will expire on Oct 15th, then she need to file a H4 extension or F1 COS before Oct 15th (documents should reach USCIS and the receipt should be generated before her current I-94 expires). If not, her presence in the country will become illegal and a COS to F1 later will be denied. If you cannot file the F1 COS before October 15th, then you will need to file H4 extension first and then file F1 COS later based on the approved or pending H4 extension.Not a legal advice. Use of this information is strictly at your own risk.
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