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  • Help H4 to F1

    Hello All,
    I had few questions regarding the conversion from H4 to F1,

    1. Can my wife convert from H4 to F1 visa, while my Labor is pending?
    2. While she is on F1, can I add her name when applying for I-140 & CP or I-140 & I-485? Will it create any problem during CP or I-485?
    3. While her application is pending for F1, if my Labor gets cleared, Can I cancel her application pending for Status change to F1?
    4. If I plan to file for I-140 & CP, when do we need to include her name in the process?

    Your time and help will be appericatiated. Thanks.

  • #2
    rose0412



    1. Can my wife convert from H4 to F1 visa, while my Labor is pending?

    YES

    2. While she is on F1, can I add her name when applying for I-140 & CP or I-140 & I-485? Will it create any problem during CP or I-485?

    NO .. No Problems

    3. While her application is pending for F1, if my Labor gets cleared, Can I cancel her application pending for Status change to F1?

    You may withdraw the application but will not get any refund.

    4. If I plan to file for I-140 & CP, when do we need to include her name in the process?

    You have to include her in CP if you want her green card at the same time.
    Sent N-400 03/15/2011
    Check cashed 03/18/2011
    NOA 03/18/2011
    FP 04/29/2011
    Interview 06/09/2011
    Oath 6/09/2011
    Passport Applied 6/09/2011
    Passport Received 6/21/2011
    --------------------------------

    Comment


    • #3
      H4 to F1 help

      Hi,
      my wife is currently on h4 and would like to do her MS fulltime. I know she has to covert into f1. but should she go back to India and get her passport stamped or whats the procedure?
      Please help.
      Thanks

      Comment


      • #4
        Originally posted by callbala
        Hi,
        my wife is currently on h4 and would like to do her MS fulltime. I know she has to covert into f1. but should she go back to India and get her passport stamped or whats the procedure?
        Please help.
        Change the status from H4 to F1 may take 180 days in US, no need go out of USA to stamp visa unless you have any business in the home country.
        Thanks
        ------------------------------------
        IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

        Comment


        • #5
          Originally posted by callbala
          Hi,
          my wife is currently on h4 and would like to do her MS fulltime. I know she has to covert into f1. but should she go back to India and get her passport stamped or whats the procedure?
          Please help.
          Thanks
          There is no hard & fast requirements that SHE HAVE TO CONVERT TO F1.. She can do Full time MS on H4 also. Only if she wants to work while studying or want to get PT after MS she needs to convert.

          You have to apply for Change of Status for her... Don't need stamping unless she want to travel & re-enter. She can get it the Visa Stamp anytime after the approval whenever she goes to home country
          Sent N-400 03/15/2011
          Check cashed 03/18/2011
          NOA 03/18/2011
          FP 04/29/2011
          Interview 06/09/2011
          Oath 6/09/2011
          Passport Applied 6/09/2011
          Passport Received 6/21/2011
          --------------------------------

          Comment


          • #6
            but...

            Thanks for your suggestion.

            but.. I think I will have a problem.. currently my GC is in labor stage and if she changes her visa to f1, she has to convert it back to h4 when I add her name in I485 stage. What do you say??

            Comment


            • #7
              Originally posted by callbala
              Thanks for your suggestion.

              but.. I think I will have a problem.. currently my GC is in labor stage and if she changes her visa to f1, she has to convert it back to h4 when I add her name in I485 stage. What do you say??
              No She does not have to change back to H4.. You can add her name in I-485 stage with her being in F1 also...

              I-485 is "Adjustment of Status" means Change of Status from Any Non Immigrant Status to Immigrant Status.
              Sent N-400 03/15/2011
              Check cashed 03/18/2011
              NOA 03/18/2011
              FP 04/29/2011
              Interview 06/09/2011
              Oath 6/09/2011
              Passport Applied 6/09/2011
              Passport Received 6/21/2011
              --------------------------------

              Comment


              • #8
                hard rule for F1

                Originally posted by gp111
                There is no hard & fast requirements that SHE HAVE TO CONVERT TO F1.. She can do Full time MS on H4 also. Only if she wants to work while studying or want to get PT after MS she needs to convert.

                You have to apply for Change of Status for her... Don't need stamping unless she want to travel & re-enter. She can get it the Visa Stamp anytime after the approval whenever she goes to home country
                There is hard practical rule. If she is not changing to F1 and continue to study in H4 she will get exhausted her H status within 6 years. Once study is over and want to work in H1, she may not get H1 or get it whatever the period remaining in 6 year. So it is advisable to change to F1. If she does not want work and study only for fun than H4 is OK.
                ------------------------------------
                IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                Comment


                • #9
                  Originally posted by great guru
                  There is hard practical rule. If she is not changing to F1 and continue to study in H4 she will get exhausted her H status within 6 years. Once study is over and want to work in H1, she may not get H1 or get it whatever the period remaining in 6 year. So it is advisable to change to F1. If she does not want work and study only for fun than H4 is OK.
                  If hubby is adding her on I-485 & getting EAD ( or get Green Card by the time MS gets completed) whats the point of counting H1/H4 years ?
                  Sent N-400 03/15/2011
                  Check cashed 03/18/2011
                  NOA 03/18/2011
                  FP 04/29/2011
                  Interview 06/09/2011
                  Oath 6/09/2011
                  Passport Applied 6/09/2011
                  Passport Received 6/21/2011
                  --------------------------------

                  Comment


                  • #10
                    Originally posted by gp111
                    If hubby is adding her on I-485 & getting EAD ( or get Green Card by the time MS gets completed) whats the point of counting H1/H4 years ?
                    Here nothing is predictable, if the husband is laid off before I 485, atleast she will be in F1he can change in to F2. You have to think of every possibilities.
                    ------------------------------------
                    IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                    Comment


                    • #11
                      Can we get Education loan for h4?

                      Can anyone tell me if we can get education loan for someone who is on spouse visa?? I am thinking if we can save something on tax.
                      Bala

                      Comment


                      • #12
                        Please help..

                        Hi,
                        I am currently on h1 and my wife is in h4 but doing her masters. she is planning to convert to f1. We know we can apply it directly from USA. In case its denied, will her h4 be automatically cancelled??
                        In case she gets her f1 is there possibility for her denial during stamping in India?
                        Also, my greencard is currently in process (Labor). If my wife is on f1 will it affect when I add her name during 485?
                        Please let me know.
                        Thanks

                        Comment


                        • #13
                          Help..

                          We are required to send a letter along with the application to convince INS that we inted to return home after education. Do any one of you have a Sample letter with which the visa got converted?
                          Thanks

                          Comment


                          • #14
                            Need to get H4 from F1 for Green Card

                            Hello,

                            My company is planning to start my greencard and my wife currently on F1 VISA. Do I have to get her status change from F1 to H4 to add her name at the stage of I-140 or I-485.?

                            OR

                            Can I get her name add on I-140 while she is on F1 VISA.?

                            Your help in this matter will be greatly appreciated.

                            Thanks

                            Sumishra

                            Comment


                            • #15
                              You don't have to add her until you reach I-485 stage. Also since your still planning to start the process, it will take years together to reach I-140 & 485 stage.
                              Hope this helps
                              Bala

                              Originally posted by sumishra
                              Hello,

                              My company is planning to start my greencard and my wife currently on F1 VISA. Do I have to get her status change from F1 to H4 to add her name at the stage of I-140 or I-485.?

                              OR

                              Can I get her name add on I-140 while she is on F1 VISA.?

                              Your help in this matter will be greatly appreciated.

                              Thanks

                              Sumishra

                              Comment


                              • #16
                                H4 to F1

                                Hi,
                                I am on H4 and am doing my masters.I did my first semester as a full time student.But One attorney told me ,I cant be a full time student on H4.So Iam doing my second sem part time.I am planning to change my status to F1 soon.I have two questions:
                                1) Can I be a full time student on H4???
                                2)How difficult would it be for me to change status?????

                                Help appreciated
                                Thanks
                                Prads

                                Comment


                                • #17
                                  Originally posted by prads
                                  Hi,
                                  I am on H4 and am doing my masters.I did my first semester as a full time student.But One attorney told me ,I cant be a full time student on H4.So Iam doing my second sem part time.I am planning to change my status to F1 soon.I have two questions:
                                  1) Can I be a full time student on H4???
                                  2)How difficult would it be for me to change status?????

                                  Help appreciated
                                  Thanks
                                  Prads
                                  1) Sure you can be a fulltime student on H4. the only problem is you cannot work or get any scholarship or assitantship.

                                  2) Based on my experience (my wife's), and some friend's exp, its easy to change the status. the difficult part is getting stamped if you go to India before graduating.

                                  Hope this helps.

                                  Comment


                                  • #18
                                    Hey
                                    Thanks
                                    Did ur wife convert her status to F1 while she was a full time student.
                                    Was it recently??????

                                    Prads

                                    Comment


                                    • #19
                                      Originally posted by prads
                                      Hi,
                                      I am on H4 and am doing my masters.I did my first semester as a full time student.

                                      But One attorney told me ,I cant be a full time student on H4.

                                      If any attorney told you like that, check whether they have bar license to practice as immigration attorney.

                                      H4 candidate can do full time course in US.


                                      So Iam doing my second sem part time.I am planning to change my status to F1 soon.I have two questions:
                                      1) Can I be a full time student on H4???
                                      2)How difficult would it be for me to change status?????

                                      Help appreciated
                                      Thanks
                                      Prads
                                      ------------------------------------
                                      IMPORTANT NOTE: I am a Volunteer Moderator - one of you. I am not a lawyer. So act accordingly.

                                      Comment


                                      • #20
                                        Originally posted by prads
                                        Hey
                                        Thanks
                                        Did ur wife convert her status to F1 while she was a full time student.
                                        Was it recently??????

                                        Prads
                                        Yes she did one semester as a fulltime student and then converted. Now she is doing her 2nd semester.. She converted probably 4 months back.

                                        Comment

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