h4 to F1. Husband already filed for GC-1st stage

S

soniasanjeev

Registered Users (C)
Hi,

I am planning to have my H4 converted to F1. I have already got admission in school. My question is, since my husband's GC application has already been filed, will that affect my chances of changing status to F1?
I plan to have my status changed in US itself and will not be travelling out of country till I am on F1 or till the time we get our greencard, whichever is earlier. Please let me know if it makes sense to convert to F1 or if I should study on H4 and forget about financial aid from the univ.

Thanks
Sonia
 
soniasanjeev said:
Hi,

I am planning to have my H4 converted to F1. I have already got admission in school. My question is, since my husband's GC application has already been filed, will that affect my chances of changing status to F1?
NO.
But you should get ready for answer the INS (RFE) question, "You are allowed to study in US with your present H4, why do you want to change your status to F1?"I plan to have my status changed in US itself and will not be travelling out of country till I am on F1 or till the time we get our greencard, whichever is earlier. Please let me know if it makes sense to convert to F1 or if I should study on H4 and forget about financial aid from the univ.
F1 will not guarentee always any financial aid.
Since GC takes it is own time , if you wanna work under H1 after your study, F1 is the best option by not consuming your H status 6 yrs max duration (H1+H4) maximum 6 years.
Thanks
Sonia
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Thanks.. Coudl you also suggest what answer should I be giving, if the RFE wants me to give a reason for changing status to F1 when I can study on H4? Can I say, "So I can avail of financial aid that PhD programs usually offer " ?

Please advise
 
soniasanjeev said:
Thanks.. Coudl you also suggest what answer should I be giving, if the RFE wants me to give a reason for changing status to F1 when I can study on H4? Can I say, "So I can avail of financial aid that PhD programs usually offer " ?

Please advise
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Read the thread. Posted Yr 2004

http://boards.immigrationportal.com/showthread.php?t=147800

Not the financial assistance, the OPT, which is main consideration. You may have to get a letter from the faculty dean on this regard and send along with COS application.
 
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> husband's GC application has already been filed

Where in GC process is he in? Labor Certification? 140? 485?


> till the time we get our greencard

Have you applied for a GC as well? That is, have you filed a 485 for yourself with your husband's application?

If you are applicant for a GC (either as primary or as spouse), your chances of getting a F-1 are low.
 
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talkative said:
> husband's GC application has already been filed

Where in GC process is he in? Labor Certification? 140? 485?


> till the time we get our greencard

Have you applied for a GC as well? That is, have you filed a 485 for yourself with your husband's application?

If you are applicant for a GC (either as primary or as spouse), your chances of getting a F-1 are very low.
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There are very many applications got approved. One of the famous CA attorney challenged and once told me that a pending immigrant will get deported if he/she try to change the status to F1. (he charges $375 per half hour consultation, infact I paid myself to hear from him). But I applied and got it approved succesfully for more than 2 candidates (pending immigrants one through I 130 Family other through I 140, but ofcourse a RFE, (See above postings), but it all resolved with no problem. My responses are mostly from my hands on experience not from trial and error..
If you are trying to get it changed to F1, outside US with pending immigrancy, you will seldom get approval.
 
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soniasanjeev said:
GC is in Labor Certification stage
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No problem then. Changing to F1 status shouldn't be a problem.
Visa staming (if you ever decide to travel on F1) may be an issue (but not necessarily)
 
soniasanjeev said:
GC is in Labor Certification stage
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Then no problem.
Labor Certification in not related to immigration it comes to penting immigrant. You immigration application starts only I 140 stage. If I 140/ I 130 is approved and waiting for dates to be current then you are pending immigrant. In this condition guy out side US may not get non-immigrant new visa F or B. But H1 is possible
 
great guru said:
There are very many applications got approved. One of the famous CA attorney challenged and once told me that a pending immigrant will get deported if he/she try to change the status to F1. (he charges $375 per half hour consultation, infact I paid myself to hear from him). But I applied and got it approved succesfully for more than 2 candidates (pending immigrants one through I 130 Family other through I 140, but ofcourse a RFE, (See above postings), but it all resolved with no problem. My responses are mostly from my hands on experience not from trial and error..
.
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Really interesting.Though the issue is not directly related to me(for some one else),I also asked three lawyers.Two are top lawyers and one is our co. lawyer.
Both top lawyers said--Once you have an immigration pending it is 'very''very'
difficult to get F1,if not impossible.The other said it's possible.
(With in US itself).
Basically this issue may apply to all non-imm. visas.If one is in imm.petetion
whether he gets any non-imm.visa cat.?
Yes,as per your experience.It's interesting.
Can you post any more details on the issues you got the clearence for?It will help others.
 
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So what did you say about your spouse intent

What do you say when an immigration officer asks you if your spouse has applied for GC.
 
TiredNJLabourer said:
What do you say when an immigration officer asks you if your spouse has applied for GC.
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This is changing the status with in USA. Not in any consulate. If it is consulate they will reject your F1 visa.
 
great guru said:
This is changing the status with in USA. Not in any consulate. If it is consulate they will reject your F1 visa.
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Greatguru, why do you say they will reject the visa at a consulate. After all the applicant in question has not applied for an immigrant visa.
 
Reason for COS H4 to F1


I am planning to convert from H4 to F1 within US. Can you tell me the reasons I should specify - I want to do OPT after my MS education and my husband is on H1-B. If he loses job, F1 status would allow me to continue my education. Are these two reason satified enough? Do you have any other suggestions? I dont have any assistence-ship. I have already finished one term (spring) of MS while on H4 and want to change my status so I can start working in the next summer. I couldnt get my H1 approved this year. Any help will be appreciated.
 
Hi,
My wife applied for her H4 to F1 when my LC was pending. She did not have any problems. she is almost done with school and going to apply for OPT. I have clearead 140 now. Some people say that she will not be affected by 140because it is related to me and not to her. If my PD becomes current and apply for 485 and include her, she will loose her F1 status completely, but can work and study in 485 process. So, I would say goahead and apply for the transfer. the only catch is, once 140 is approved for spouse, do not travel outside the country with your F1 till you file your 485 and obtain AP for traveling purpose. your case as a F1 will most likely be rejected if you do that...hope it helps.
 
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