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i-539 H4 to F1 - abandon my i-539 application or wait until the decision?

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  • i-539 H4 to F1 - abandon my i-539 application or wait until the decision?

    My H4 visa expired on my 21st birthday in February 2018. I filed for a COS from H4 to F1 in September 2017. It looks like I will receive a decision in November 2018 based on the current processing time.

    I have been without a valid visa since February (5 months). It will be 9 months in November 2018.

    Is it better to Travel to India and apply for an F1 visa there or wait it out and see whether my i-539 application is approved or not?

    I am currently in a Masters program planning to graduate in December 2018. My i-20 is from May 2018 to sometime in 2020. If I travel to India now by taking a semester off, could I still apply for F1 visa from there stating that I need to complete my program?

    I am afraid that if I wait it out and I get denied (which is possible because I will have stayed in the US for more than 6 months without a valid visa), it could have consequences for any future travels to the US. And, If I travel right now, I may get denied without being able to complete my masters.

    Please let me know if you have any answers! Thank you!

  • #2
    Originally posted by Kavya1 View Post
    My H4 visa expired on my 21st birthday in February 2018. I filed for a COS from H4 to F1 in September 2017. It looks like I will receive a decision in November 2018 based on the current processing time.

    I have been without a valid visa since February (5 months). It will be 9 months in November 2018.

    Is it better to Travel to India and apply for an F1 visa there or wait it out and see whether my i-539 application is approved or not?

    I am currently in a Masters program planning to graduate in December 2018. My i-20 is from May 2018 to sometime in 2020. If I travel to India now by taking a semester off, could I still apply for F1 visa from there stating that I need to complete my program?

    I am afraid that if I wait it out and I get denied (which is possible because I will have stayed in the US for more than 6 months without a valid visa), it could have consequences for any future travels to the US. And, If I travel right now, I may get denied without being able to complete my masters.

    Please let me know if you have any answers! Thank you!
    You are not accruing any illegal time since your COS was filed in time.
    Yes you can travel outside the US and apply for a F1 right now, and that might be the quickest way.
    Your COS will not be denied for the reason you stated since, you have applied for the COS in a timely fashion.
    Just an opinion; Not legal advice.

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