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  • Question Regarding Change in Visa status

    I came to US on H4 Visa it has been 3 yrs now i am getting divorce. I have applied for F1 Visa. If I get the I20 from university. Do I have to go out of US to change the status to F1.

  • #2
    DSO from the school generally will guide you through the status change process but you would have to do it yourself.

    These tips can help you find what you are looking for: Check the URL (web address) for proper spelling and completeness; Use our


    Your choice. You can go out, get a visa stamp and re-enter on F1 or change while inside the US.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      Is it not mandatory to have stamping on the passport? he had filled for divorce my H4 might be cancelled any time from now

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      • #4
        Originally posted by Dmac
        Is it not mandatory to have stamping on the passport? he had filled for divorce my H4 might be cancelled any time from now
        No, it is not mandatory to have a stamping on the passport. You need to have applied for a change of status before the divorce is granted. Applying for a divorce will not make you lose the status. The divorce has to be granted for you to lose status.

        Also, you lose status if your I-94 is expiring and is not being renewed during the divorce proceedings. You need to make sure that COS is filed before the current I-94 expires.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          I am not sure what does COS mean? I understand that if i have a valid I20 with the present I94 on (H4 visa) am i legal to stay in US

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          • #6
            Originally posted by Dmac
            I am not sure what does COS mean? I understand that if i have a valid I20 with the present I94 on (H4 visa) am i legal to stay in US
            COS is Change of Status that you want to do from H4 to F1. I-20 by itself is not enough for you to stay legally beyond your current status expiration. You need to apply for COS using I-539 based on the I-20.
            Check out H1 FAQs first!
            http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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