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  • Change status to F-1 or H4?

    Hi,

    I will appreciate any opinions you may have on this.

    I am on a STEM extended OPT and will be going for H-1B conversion this April. My wife is on F-2 and has received admission to graduate school starting this Fall (August 2012). In order for her to be able to start her studies, she needs to convert to either F-1 or H-4 status.

    If I choose to go with the change of status to H-4, then she would have her approval notice by the time school starts but her H-4 status will go into effect in October. WIll she be allowed to register based on her approval notice?

    If not, she will need to apply for F-1 status to be able to start school in the Fall. In that case, would that affect my green card application, which I am planning to do later this year, as she will be a nonimmigrant student at the time of application?

    Your valuable feedback is greatly appreciated! Thanks!!

  • #2
    Originally posted by pgsangam View Post
    Hi,

    I will appreciate any opinions you may have on this.

    I am on a STEM extended OPT and will be going for H-1B conversion this April. My wife is on F-2 and has received admission to graduate school starting this Fall (August 2012). In order for her to be able to start her studies, she needs to convert to either F-1 or H-4 status.

    If I choose to go with the change of status to H-4, then she would have her approval notice by the time school starts but her H-4 status will go into effect in October. WIll she be allowed to register based on her approval notice?

    No. She is not allowed to study in F2 status and hence she cannot begin anytime before Oct 1.

    If not, she will need to apply for F-1 status to be able to start school in the Fall. In that case, would that affect my green card application, which I am planning to do later this year, as she will be a nonimmigrant student at the time of application?

    That will not affect GC application.

    Your valuable feedback is greatly appreciated! Thanks!!
    Her change of status to F1 must get approved before she can join school. Start the process right now (or as soon as possible) as it takes 2 to 3 months for application processing.
    This is my opinion and not legal advice.

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    • #3
      Thanks for your valuable advise!

      Comment


      • #4
        Applying for COS to both H-4 and F-1.

        Hi,

        Would it hurt if I apply for her COS to both H-4 and F-1?

        I assume that the "last action rule" would decide her final status if both applications get approved.
        She would be able to join as F-1 in August but would change toH-4 in October.
        In case her F-1 gets rejected, she would have her H-4 approval as a backup?

        Tentatively, the H4 application would be filed in April first week and the F1 application in mid April.
        Do you see any issues with this?
        Any opinions will be greatly appreciated.

        Thanks!

        Comment


        • #5
          COS to H4 can be filed up to Sep 30, her F2 status will remain valid until then. I don't see any problem with this approach as long as you understand the last action rule implications.
          This is my opinion and not legal advice.

          Comment


          • #6
            Many thanks, as always!

            Comment


            • #7
              Case status (I-539)

              Hi,

              I applied for my wife's change of status to F-1 on May 9, 2012. We received a text message of acceptance of I-539 form but never received a paper receipt notice. Now the case status says:

              "On June 12, 2012, your document I539, APPLICATION TO EXTEND OR CHANGE NONIMMIGRANT STATUS was processed and mailed to the address on record. If you have not received it within 30 days of June 12, 2012, contact customer service at 1-800-375-5283. If you move while your case is pending, please call our customer service center at 1-800-375-5283."

              We have not received any papers by mail yet.
              Does the above status always mean approval?
              Would it be different in case of a RFE or reject?

              Any opinions will be greatly appreciated!

              Thanks.

              Comment


              • #8
                Did you put the correct address? Did you move after filing the application?
                This is my opinion and not legal advice.

                Comment


                • #9
                  Hi everybody

                  Hi


                  Iam asha right now iam in u.s on h4 visa..i complted my m.sc physics in india and now i would like to do my ph.d in u.s...what will be university fee for h4 visa holders and what is the process to join in ph.d in u.s universities and how to transfer h4 visa to F1...before applying for F1 do i need to clear GRE,TOEFL...what is the process to get into the university when im already in u.s


                  please somebody guide me.

                  Comment


                  • #10
                    Hi Kabkaba,

                    Thanks for your reply!

                    We put in the correct address, to the best of our knowledge.
                    We receive mail only at a PO box, not our home. We specified the PO box address as our mailing address--not sure if this is a potential problem?

                    Is there any way we can go to a USCIS office and inquire about our application?

                    Thanks!

                    Comment


                    • #11
                      Hi Asha,

                      I believe H4 students pay less than those on F1 status. The exact amount depends on the university. However you will not be able to do any on-campus (or off-campus) jobs on H4.

                      GRE, TOEFL may be required for admission to the university. It is not necessary for applying to F1, given you can get admitted into the university without them. The admission process is almost the same as if you were back home. You need to send in at least the application, fee, transcripts, recommendation letters and statement of purpose, as far as I can remember.

                      All the best!

                      Originally posted by ashavenkat View Post
                      Hi


                      Iam asha right now iam in u.s on h4 visa..i complted my m.sc physics in india and now i would like to do my ph.d in u.s...what will be university fee for h4 visa holders and what is the process to join in ph.d in u.s universities and how to transfer h4 visa to F1...before applying for F1 do i need to clear GRE,TOEFL...what is the process to get into the university when im already in u.s


                      please somebody guide me.

                      Comment

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