Changing H4 to F1 (time constraint issue)

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bosver

Registered Users (C)
My wife came to US in F2. Then she converted to H1 and worked. When I got my H1B she changed to H4. For this fall (Fall 2006) she got admission for her PhD in an accredited university with full assistantship and the graduate tution will be paid by the school.

She applied for F-1 conversion from H-4 for Vermont Service Center in late May when she got her I-20. In the Vermont Center, we have noticed for the past three months, I-539 (Change the Status to the F) process has moved only by three weeks. The processing I-539 in May was applied in March 5, 2006 and, the processing I-539 in July 11 was applied in March 19.

My current H1B that I got for two years gets expired in end of August, 2006. So, does her H4. I already applied for the extention of H1B till december, and got the reciept. She did not apply for extending her H4 staus as we thought she would have started her school by then in her F1. I haven't filed for GC. Now, our dilemma is what to do if the processing pace is so slow as it is now at vermont center. Do they usually speed up their process (of course not specifically for us) if they think they want.

Her orientation will start in Mid August, and probably the fall semster in the third week of August. Is it worthy for her to try by going to Canada (we are not from Canada, any way) in the third week of August and apply for F1 from Toronto? If so, what are the precautions to be taken (including how to terminate the current H4-F1 change application within US)?

I know given the parameters involve, there is high uncertainty out there for responding. Yet, I will appreciate any comments.
 
Once you applied for COS h4 to F1 and have receipt, why are you hurry?. It takes some time more than 180 days, you can go to school without any problem. Only thing is you should not work without any work authorization.



bosver said:
My wife came to US in F2. Then she converted to H1 and worked. When I got my H1B she changed to H4. For this fall (Fall 2006) she got admission for her PhD in an accredited university with full assistantship and the graduate tution will be paid by the school.

She applied for F-1 conversion from H-4 for Vermont Service Center in late May when she got her I-20. In the Vermont Center, we have noticed for the past three months, I-539 (Change the Status to the F) process has moved only by three weeks. The processing I-539 in May was applied in March 5, 2006 and, the processing I-539 in July 11 was applied in March 19.

My current H1B that I got for two years gets expired in end of August, 2006. So, does her H4. I already applied for the extention of H1B till december, and got the reciept. She did not apply for extending her H4 staus as we thought she would have started her school by then in her F1. I haven't filed for GC. Now, our dilemma is what to do if the processing pace is so slow as it is now at vermont center. Do they usually speed up their process (of course not specifically for us) if they think they want.

Her orientation will start in Mid August, and probably the fall semster in the third week of August. Is it worthy for her to try by going to Canada (we are not from Canada, any way) in the third week of August and apply for F1 from Toronto? If so, what are the precautions to be taken (including how to terminate the current H4-F1 change application within US)?

I know given the parameters involve, there is high uncertainty out there for responding. Yet, I will appreciate any comments.
Click to expand...
 
great guru, do they still have this rule that says even if an H4->F1 COS was filed in a timely manner, if the H4 expires more than 30 days before the start of classes, it will be denied?
 
greatgruru thanks for the response. My worry is that my wife's H4 ends in the end of August. Her F1 application received date was May 24. Yes, she can start the school in mid august with her current H4. However if she does not get F1 on or before Sep1, what will her status on Sep 1 until F1 comes. Will she not be in 'out of status'? Also, the school may not like to keep her on Sep1 unless she has a status.
 
bosver said:
greatgruru thanks for the response. My worry is that my wife's H4 ends in the end of August. Her F1 application received date was May 24. Yes, she can start the school in mid august with her current H4. However if she does not get F1 on or before Sep1, what will her status on Sep 1 until F1 comes. Will she not be in 'out of status'? Also, the school may not like to keep her on Sep1 unless she has a status.
Click to expand...
maybe a week before school starts...& if the F1 hasn't come thru...apply for H4 extension...as soon as the F1 comes thru...send a requisition for H4 withdrawal....
Pl consult an attorney for this...better be legally safe.
rgds.
 
If you have this concern, renew the H4 simultaneously. While renewing H4 mention your COS H4 to F1 references in the application. You will be OK.

bosver said:
greatgruru thanks for the response. My worry is that my wife's H4 ends in the end of August. Her F1 application received date was May 24. Yes, she can start the school in mid august with her current H4. However if she does not get F1 on or before Sep1, what will her status on Sep 1 until F1 comes. Will she not be in 'out of status'? Also, the school may not like to keep her on Sep1 unless she has a status.
Click to expand...
 
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