8th year H4 to F1 - need your input

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nyjune1

Registered Users (C)
Hi,

I am trying to convert to F1 from H4. But I am in the 8th year of H4, thanks to the pending labor for the green card of my spouse. What do you think are my chances of hitting any problems at the Consulate in India? Does it make more sense to change status without going to India? Do they allow that?

I would appreciate input from the memers of this forum.

Thanks in advance.
 
nyjune1 said:
Hi,

I am trying to convert to F1 from H4. But I am in the 8th year of H4, thanks to the pending labor for the green card of my spouse. What do you think are my chances of hitting any problems at the Consulate in India? Does it make more sense to change status without going to India? Do they allow that?

I would appreciate input from the memers of this forum.

Thanks in advance.
Click to expand...
If the documentation is proper, it shouldn't be a problem.
I believe you can change status w/o going abroad. You'll receive your F1 & I94...offcourse, when you go out of the country, you'll need to get your passport stamped with F1 visa.
 
Thanks lfgc.

I am planning a trip to India before I start school in the fall session. And I will have to get either the H4 or F1 stamped. Since I am in the 8th year on H4 which is based on the labor for GC (indicates an intent to immigrate) and F1 is a non-immigrant category visa, will the consular officer have any problem?
 
nyjune1 said:
Thanks lfgc.

I am planning a trip to India before I start school in the fall session. And I will have to get either the H4 or F1 stamped. Since I am in the 8th year on H4 which is based on the labor for GC (indicates an intent to immigrate) and F1 is a non-immigrant category visa, will the consular officer have any problem?
Click to expand...

I think you are in a slightly good position to convert from H4 to F1. Your spouse's LC is pending but neither his immigration petition (I140) nor his and your's adjustment of status (I485) have been filed. So in your visa application you will have to say 'no' where they ask if an immigrant petition has ever been filed for you.

Both change of status in US to F1 or F1 stamping in India are possible with success. However, if they enquire about your immigrant intent and ask specifically about your spouse's pending LC, you cannot lie and then they will certainly deny your F1.

Bottomline - there is a major risk involved. If they find out about your immigrant intent your F1 will be certainly denied. I am not sure what then are the consequences on your H4 stamping and extensions.

So you should certainly consult a very good lawyer before you take a big step.

Most likely every lawyer would recommend you to maintain the H4 status given your immigrant intent.

I know that the inability to score any scholarship or assistantship on H4 is frustrating
 
7th year h4 to f1 visa

nyjune1,
I am in a similar situation except in the 7th year and my husband's GC is through the LC stage and into the 485 stage. So referring to the previous mail does this mean my F1 will be regeted based on intent to migrate?
I was wondering what steps u took further to get H4 converted to F1. Also I came to know that after OPT if u have to appy for a h1b, u will have to leave the country for a year for the 3 yr h1b extension, unless u have the EAD by that time. Did u consult on this and get any feedback.
Please reply, looking forward to know and good luck!
 
Tricky situation :: L1A to F1 and then again fromF1 to H1B??

Everybody,

what will be the answer for the below situation:

1) Person A works in US on L1A visa for 7 years.
2) He never applies for green card during this time.
3) He then takes admission to MBA and changes his visa status to F1 for full time study.
4) Once MBA is completed, he wants to apply for a fresh H1B.

Question: What will be the possibility of getting the H1B approved and also resetting ur clock to ZERO so that he can work on that H1 for six years.
 
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