How much time for F1 to get approved ? Husbands H1B expired visa.

[Priya G Nair]

hi ,

We have a situation here,I came for delievery to INDIA in 2011 May and I am still here because of certain health issues I could not go back with the baby until he was a year old.Meanwhile my husbands visa expired in sep2012 and we were informed that that the H1 got extended until this May 2013,we got to know about it only in April 2013.So I could not go back and I am still here with the kid,My husband wants to do his MS and has applied for F1 ,how much time will the whole procedure take ? He has applied in one of the colleges and they have started the admission process.I and he both are not able to get a clarity on this whole process too many people with too many suggestions and different time frames.especially the time,if h1 is approved ,how quickly will we know and if it is rejected how quickly will we know about it ? Also what is the official grace period after H1B getting rejected to stay in the USA,Our son does not have any US Visa,I have an expired H4 visa.Any information on this front will be really helpful.

[kabkaba]

You are not being very clear.

You are in India with your child, right?

Where is your husband located right now?

If he is in the US, when does his I-94 expire? When was the H1 petition filed? When was the approval/denial decision made on that petition?

[ShaliniMalini G Nair]

How much time for F1 to get approved ? Husbands H1B expired visa.

You are not being very clear.




You are in India with your child, right?

Yes I am in India with my Child.

Where is your husband located right now?

He is right now in Virginia,USA

If he is in the US, when does his I-94 expire? When was the H1 petition filed? When was the approval/denial decision made on that petition?

I-94 expired on 20 May 2013, H1 petition was filed in Sep 2012. The approval news for the petition filed in September came through only in April 2013,but was extended only upto 20 May 2013

His company has not made any new renewal petition for H1 at the moment as they say it will get rejected.

So they asked him to change status to F1.

* I am the same user ,but replied through my ******** account as for some reason my other account is not letting me login*

[kabkaba]

If your husband is staying in the US beyond his I-94 expiry, he is illegal. He will not be able to change or extend his status from within the US.

After he obtains admission from the school, he will have to leave the US and apply for F1 Visa. At that time you and your child can apply for F2 Visa as his dependents. I cannot say how much time the school will take to admit him as that depends on the school.