140 approved would like to convert H4 to F1

H

helpforH4toF1

New Member
Hi Gurus,

Our I140 got approved in June 2005. I can't file I485 because they are processing June 2002 cases. I have to wait another 8-10 months. My wife got addmission in the graduate school, she currently on H4. The college won't pay any GA/scholarship if she is on H4. Is it safe to convert her VISA into F1.

Does she has to go outside from the US to be on F1 status?

Please help!
 
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helpforH4toF1 said:
Hi Gurus,

Our I140 got approved in June 2005. I can't file I485 because they are processing June 2002 cases. I have to wait another 8-10 months. My wife got addmission in the graduate school, she currently on H4. The college won't pay any GA/scholarship if she is on H4. Is it safe to convert her VISA into F1.

Does she has to go outside from the US to be on F1 status?

Please help!
Click to expand...

You can change the status from H4 to F1 with in US and continue your school. Do not go out side US for F1 stamping until your I 485 is approved.
 
helpforH4toF1 said:
Thanks Great Guru for your quick response. Can she travel on H4 visa after getting the F1 status?
Click to expand...

Dicey. Dont do it. If she enters on an H4 visa she is automatically assumed to have entered on H4 status and therefore is not eligible for F1 status benefits. But then if she applies for F1 visa at a consulate abroad and answers "yes" to "have you applied for an immigrant visa" there is very good change they'll deny her visa. Sticky, I agree, and it sucks wind. Maybe what she can do is... enter everytime on H4 visa but apply for change of status to F1 everytime... I dont know... talk to an attorney I guess.
 
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