H4 Status under jeopardy! Please help

R

Rama@123

New Member
Hi,

My sister is doing her Masters and is on her H4 visa which is going to expire end of April. But, due to some issues in their marriage, her husband hasn't applied for the extension. She is planning on applying for Change of status to F1 which takes about 3 - 6 months for processing. My question is if she applies for a change of status and her H4 expires while the COS is in processing will she be out of status after her H4 expires? Any help will be highly appreciated.

Thanks!!
 
First of all, the visa is only for entry; when her status expires is given on her I-94. Is her status expiring at the end of April? If so, she should file I-539 to apply for Extension of Status herself (along with proof of her husband's extension). And then she can file another I-539 for Change of Status to F1.
 
Thanks for your quick response. I understand visa is only for entry purpose. Her status is expiring end of April on her I-94 and her husband isn't cooperative enough in providing all the supporting documents for applying for her extension. I believe her only option is to apply for Change of status from H4 to F1 so that her status doesn't hinder her studies. The issue is what status will she be in when her COS is in progress and her H4 is not valid i.e after the end of April if she doesn't get any update on COS?
 
Has she spoken to the international student office at her college about this? Probably a good place to start.

In the meanwhile here’s what one college says about this:
“You must be able to maintain your H-4 status up until your F-1 status is approved. If your H-4 status will expire prior to your F-1 approval (and the timing is difficult to predict), your application will most likely be denied. Even though you are allowed to stay in the U.S. while the application is pending, if your application is likely to be denied, it will be better for you to travel, obtain an F-1 visa abroad, and reenter the U.S. in F-1 status.”
https://iss.washington.edu/procedures/change-status/h-4-to-f-1/

I’ve also seen it suggested elsewhere that’s it’s faster to leave and apply for F1 abroad than wait for uscis to process the COS.
 
What does the DSO say about this? A reputable school should have an aptly-staffed office to answer such queries.
 
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