F1->H4 issues

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deepakvcd

New Member
My wife (a couple of weeks ago she was my fiance) after having coming to the US and tying the knot, decided to take a break from her Fall semester and spend some time with me. We promptly filed a change of status from F1 to H4 on the 1st of Sept. Her school admin has said that they will report her absence from school to the INS on the 28th of this month and as a result she will fall out of F1 status.

So, my question is...

1. Is she legal in the country if her application for H4 has been filed before the school reports the case to INS eventhough her approval wouldn't have come through by the 28th?

2. From the INS website, they are currently processing H4 cases filed on the 25th of May. I'm curious to know if there is a premium processing for H4 cases (just like we have for H1B's)?

3. Also, to make things a little complicated, we filed for a change of surname in her passport yesterday. In which case, what would be the procedure to reflect the same on her H4 application? Can we request the same now or do we have to wait for the approval to come through before we notify a name change? Or can I take the notice of approval for H4 with the old name and the new passport (with the changed name) for visa stamping purposes when we leave the country?

We are trying to get an appointment date in Canada sometime in Nov as the consulates in India are booked. That's why I'm a bit worked up on timelines...

Thanks for looking at my post and will look to get some of these qns answered. Any/all kinds of advice/suggestions are also welcome.
 
deepakvcd said:
My wife (a couple of weeks ago she was my fiance) after having coming to the US and tying the knot, decided to take a break from her Fall semester and spend some time with me. We promptly filed a change of status from F1 to H4 on the 1st of Sept. Her school admin has said that they will report her absence from school to the INS on the 28th of this month and as a result she will fall out of F1 status.

So, my question is...

1. Is she legal in the country if her application for H4 has been filed before the school reports the case to INS eventhough her approval wouldn't have come through by the 28th?
----------------yes
2. From the INS website, they are currently processing H4 cases filed on the 25th of May.
I'm curious to know if there is a premium processing for H4 cases (just like we have for H1B's)?
------------ not at this time
3. Also, to make things a little complicated, we filed for a change of surname in her passport yesterday.
In which case, what would be the procedure to reflect the same on her H4 application?
-------------- she is going to get the H4 approval notice with the name that was on the form I-539
Can we request the same now or do we have to wait for the approval to come through before we notify a name change?
Or can I take the notice of approval for H4 with the old name and the new passport (with the changed name) for visa stamping purposes when we leave the country?
------------- old passport+newpassport+ marriage certificate

We are trying to get an appointment date in Canada sometime in Nov as the consulates in India are booked. That's why I'm a bit worked up on timelines...
------------------ you complicated by changing her name on her passport better take the new passport application back or just get your name endorsed on the passport so that it is easy for her to get H4 visa stamp(H4 approval notice and her passport will be having same name and the consulate officer in Canada/mexico may not get confused, they have very little time to approve or reject) )and once she gets visa stamp then apply for the last name change on passport and she can keep both the passports stapled when she travel. for more info go to your lawyer and seek legal advice.


Thanks for looking at my post and will look to get some of these qns answered. Any/all kinds of advice/suggestions are also welcome.
Click to expand...
 
F1 - H4 change of status...Please reply urgent

I am applying H4 for for my wife who is on F1 visa. She took break for 6 months and her college people told that she has to take break as health is not good. Is she eligible to stay in US?
2) I am applying for H4 now. Will there be any problem if I apply now?

3) If I have to apply for H4, what are the necessary documents that I need to provide?

Gurus please help us.. I am totally new to this kind of situation...
 
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