Do I need my I-797 to transfer visa from H-4 to F-1

lqf

New Member
Hello, everyone, it’s a long story

Here I have a question regarding to transfer my status from H-4 to F-1. Currently I was on valid H-4 status and I was admitted to a PhD program and offered a Teaching Assistantship by a US university beginning this fall semester. To be eligible for the TA position I have to transfer my status to F-1 right now.

However, when I prepared my application package, I was told by the International Education Office of the university that I need to submit my current I-797 form (I did submit my husband’s I-797). The problem is I don’t have my I-797 form.

Because my husband began his work and obtained his I-797 in 2006, at that time I was still in China. In 2007, he returned back to China and married me, then I applied H-4 visa through U.S. Embassy in China and entered USA in July, 2007. The expiration date of my H-4 status on my visa stamp is Sep 30, 2009 and on my I-94 form the expiration date is Oct, 10, 2009. The expiration date of my husband’s H-1 is also Sep 30, 2009. So, neither my husband nor I applied status extension after I entered USA. Right now, my husband is applying H-1 status extension, but I didn’t apply my H-4 extension, because I want to transfer to F-1 directly.

My question is can I do so, and do I need to provide my current I-797 form to transfer my status from H-4 to F-1. Because I don’t have I-797 (I only have H-4 visa stamp and I-94), do I need to get I-797 and if yes, where and how can I get it?

Thank you for your patience.
 
Last edited by a moderator:
You do not need any 797. Submit husband's petition approval notice and your current I-94 copy with the application. Also, COS takes at least 3 months, so you should also consider traveling to home country and getting an F1 visa.
 
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