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H4 visa expiring while waiting on COS to F1

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  • H4 visa expiring while waiting on COS to F1

    Hi Folks,

    My wife's H4 visa is expiring on October 10th 2013 (date on I-94). We haven't applied for an H4 extension, since we applied for COS to F1 on June 20th 2013 with an I-20 for Fall 2013, and are still waiting for its approval. Since the Fall semester already started, it appears she will get her F1 for next spring (which is in Jan 2014). The question is, can she stay in the US after October 10th, if she gets her F1 approved starting from Jan 2014?
    Your help is highly appreciated. Thanks!

  • #2
    Checked with lawyers, they said it won't be an issue even if F1 start date is in December as long as F1 gets approved. If F1 gets denied, then she goes out of status.

    Anyway, she got her F1 approved with a start date of October9th

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