H4 to F1 COS is taking forever

syamdokuparthi

New Member
My wife joined Masters Jan 2020 and applied H4 to F1 COS on June 2020. Her H4 (and my H1 VISA) needs extension on Sept 2020 for which I did not apply for H4 Visa extension since she has an F1 COS in pending (as per attorney suggestion). It has been almost a year and she did not receive even Biometrics scheduled. Her course work almost came to an end and her college is not allowing her to take additional courses. we submitted multiple expedite requests for premium processing and all the request were denied. I dont understand what to do now since
1. there is no premium processing for H4 to F1 COS I539 petitions.
2. Her college is not giving additional courses to maintain F1 status since she is staying on F1 cos receipt notice as her H4 visa expired.
3. She did not receive her Biometrics appointment even after an year of submitting i539 petition and no clue when we will receive it. Again we have to wait for her case to be adjudicated after submitting biometrics.
4. USCIS is paying deaf ear towards my problems for expediting request since their reasons to process expedite requests are almost impossible to met for a common man problems (unless they become USA extreme problems).
5. USCIS website (Vermont center) is still showing processing of March 2020 cases (even today) from 7 months and keep on extending expected processing times month after month and now processing times are 11.5 - 15 months for i539 petitions.

Please suggest me how to proceed further. your advice is much appreciated.
 
Most consulates are processing F1 visas, have you considered traveling to your home country to get a visa? That will give you certainty of timing.
 
Most consulates are processing F1 visas, have you considered traveling to your home country to get a visa? That will give you certainty of timing.
Thanks a lot for your response. But I was told that student can F1 visa this way but again have to study at-least 2 semesters to get OPT after getting F1 visa. Also there is travel BAN on my Home country India to return back to US (And another serious problem is at this point there are so many COVID cases in India)
 
Yes you “can” get it this way but as you have seen the backlog for i539 applications is extremely long. So you can wait for the backlog to clear or you can interview at a consulate abroad. There aren’t really any other options.
 
My wife joined Masters Jan 2020 and applied H4 to F1 COS on June 2020. Her H4 (and my H1 VISA) needs extension on Sept 2020 for which I did not apply for H4 Visa extension since she has an F1 COS in pending (as per attorney suggestion). It has been almost a year and she did not receive even Biometrics scheduled. Her course work almost came to an end and her college is not allowing her to take additional courses. we submitted multiple expedite requests for premium processing and all the request were denied. I dont understand what to do now since
1. there is no premium processing for H4 to F1 COS I539 petitions.
2. Her college is not giving additional courses to maintain F1 status since she is staying on F1 cos receipt notice as her H4 visa expired.
3. She did not receive her Biometrics appointment even after an year of submitting i539 petition and no clue when we will receive it. Again we have to wait for her case to be adjudicated after submitting biometrics.
4. USCIS is paying deaf ear towards my problems for expediting request since their reasons to process expedite requests are almost impossible to met for a common man problems (unless they become USA extreme problems).
5. USCIS website (Vermont center) is still showing processing of March 2020 cases (even today) from 7 months and keep on extending expected processing times month after month and now processing times are 11.5 - 15 months for i539 petitions.

Please suggest me how to proceed further. your advice is much appreciated.
Hi Syam,
I am also in same situation like you , Please let me know what steps have you taken to come out the situation , Please reply to this thread or will connect once.
 
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