Regarding H4 to F1 status change - H1 B Transfered for my husband

[pr84]

Hi,

I was on H4 status for a year from Dec 2008 to Apr 2010.
Started my M.S program in H4. Then I applied for a COS from H4 to F1 in april 2010 & got that apporoved in May 2010. But my F1 Visa start date is 25 Aug 2010. Which means I am currently in H4 status. Now my husband has got a new job and has to transfer his H1.He would be in his new H1 by Aug 1 2010. So should I apply for a H4 transfer to maintain the status from aug 1 to aug 25 ? If I apply for H4 transfer , will it affect my F1 which was issued already?

Please help in this regard.

[sk4ih]

As long as your husband is valid H1, your H4 is valid, no matter it's transfer.
You don't have to do anything, unless your H4 is also expiring, in which case you've to apply for extension.

[pr84]

Thanks for the info.

1 more clarification required.

I think my current visa status is F1 Pending: & not H4, since my F1 got approved but start date is 25 Aug 2010. My school's international student's office told that I need to get my F1 visa stamped ( Got to leave US & get the stamping) if my husband transfers his H1 B ?

Else we have to withhold his H1 transfer until my F1 visa start date begins which is Aug 25... Please clarify whether their statement is valid? Thanks in advance..

[kabkaba]

Do not file H4 extension of status form (I-539) with your husband's H1 petition. Your husband remains in H1 status as long as he works for any H1 employer (new or previous), and in this case if your H4 I-94 is valid through Aug 25, then your H4 status is also valid.

[raashee]

I am on h4, want to switch to f1

Hi,

I am on H4, I was thinking to go on F1. Before that my husband has got new job, so his new employer is transferring his H1 and my H4. It might take around 2-3 weeks in that transfer.

Now if in between these 2-3 weeks I am applying for F1, which will also need my hubby's H1 docs, so will that docs be considered valid ( as I will b using his old H1 docs) coz meanwhile his new h1 might have been issued?

Is it safe to apply for F1 now or shall I wait for his and my visa transfer?

I am in hurry coz I wanted to start my course this fall.. and going to F1 will also take 2 months, so in all I will have to wait like almost 3 more months to get on F1.. Plz help

[DMX17]

I would advise you to wait until the H4 extension has come through. If you have two different applications pending with USCIS (one for H4 extension and the other for H4 to F1 Change of status), the last approved case governs your status. Read about Last Action Rule here on the forum.

[raashee]

Regarding Last Action Rule

Thanks for your advise,

I read about Last Action Rule, and so I had some doubt: If my h4 extension gets approve in next 3 weeks and my F1 COS is also in process meanwhile, which might get approved in 2 months.

So once my h4 gets extended, I'll b on h4 only till my F1 is not approved, right? Once that is approved my valid status will b F1? Or I'll b out of status if my F1 doesn't gets approved though my h4 has extended?

Also, the H1 documents that I am going to submit (for F1) of my husband will b as per the old employer's, and when my F1 is in process and when the USCIS will check my hubby's h1 application to cross-verify the documents that came along with my application, and by that time they might have his new h1 docs in record. So can my F1 be rejected due to that?

[DMX17]

If you COS to F1 does not get approved, you still remain on the H4 status.

[raju_bheemam]

Raashee, Can you please let me know whether you submitted your husband's old employers docs or how it went otherwise.

Thanks for your advise,

I read about Last Action Rule, and so I had some doubt: If my h4 extension gets approve in next 3 weeks and my F1 COS is also in process meanwhile, which might get approved in 2 months.

So once my h4 gets extended, I'll b on h4 only till my F1 is not approved, right? Once that is approved my valid status will b F1? Or I'll b out of status if my F1 doesn't gets approved though my h4 has extended?

Also, the H1 documents that I am going to submit (for F1) of my husband will b as per the old employer's, and when my F1 is in process and when the USCIS will check my hubby's h1 application to cross-verify the documents that came along with my application, and by that time they might have his new h1 docs in record. So can my F1 be rejected due to that?