Pending change of status to F1 visa

[movado]

Hello,

I came to USA on H4 and it is now invalid due to my spouses visa revoked. My employer has applied for H1, I got a RFE and is in pending status.
Question:
Can I transfer from this pending COS to F1 visa?

Please advice.

Thanks.

[vilrey123]

Hello,

I came to USA on H4 and it is now invalid due to my spouses visa revoked. My employer has applied for H1, I got a RFE and is in pending status.
Question:
Can I transfer from this pending COS to F1 visa?

Please advice.

Thanks.

Revoked, therefore, you have no status? RFE - do you think there will be a big chance that your response to RFE will yield a favorable result on you? If yes, it is better to reply the RFE and wait till you got a status before you change to F1. However, if you think that RFE response will result to denial of your sought status, you may TRY to apply for a change of status to F1 BUT there will be no solid basis for you to change status since you still have no status at the moment. It's up for you to convince the adjudicator to grant your request. Per experience, USCIS requires that you are maintaining legal status while changing to F1. Changing to F1 usually varies from 3 months onwards.

[movado]

Revoked, therefore, you have no status? RFE - do you think there will be a big chance that your response to RFE will yield a favorable result on you? If yes, it is better to reply the RFE and wait till you got a status before you change to F1. However, if you think that RFE response will result to denial of your sought status, you may TRY to apply for a change of status to F1 BUT there will be no solid basis for you to change status since you still have no status at the moment. It's up for you to convince the adjudicator to grant your request. Per experience, USCIS requires that you are maintaining legal status while changing to F1. Changing to F1 usually varies from 3 months onwards.

Thank you for clarifying.