F1 Visa holder marrying GC holder within USA

GC Guy

Registered Users (C)
If a F1(student visa) holder who is already in USA marries GC holder within USA, is it possible to transfer status from F1 to H4 or GC? Will there be any issue in doing this?

thx
 
GC Guy said:
If a F1(student visa) holder who is already in USA marries GC holder within USA, is it possible to transfer status from F1 to H4 or GC? Will there be any issue in doing this?

thx
You cannot transfer to H4. H4 category is reserved for spouses of H1 visa holders. You will have to maintain your F-1 status throughout the waiting period which is approx. 5 years. Once you are eligible to apply for I-485, you can also apply for EAD and then you can legally stay in the US. One thing that can expedite your process is to upgrade your petition once your spouse becomes the US citizen.
 
EricNeesGC said:
You cannot transfer to H4. H4 category is reserved for spouses of H1 visa holders. You will have to maintain your F-1 status throughout the waiting period which is approx. 5 years. Once you are eligible to apply for I-485, you can also apply for EAD and then you can legally stay in the US. One thing that can expedite your process is to upgrade your petition once your spouse becomes the US citizen.
The other option is to go for H1 after completing your studies.
 
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