H4 to F1......pls help...

[digiden]

Hi,

Currently I am on H4 visa. My I-94 is valid till a date in Oct. 2006. For some reason my spouse's H1 cannot be renewed. I am trying to get F1 for myself.

International student's advisor at the college informed me that if I have my application for F1 in INS, I can remain in USA till my F1 gets approved even if my I-94(H4) expires. Is this true?

Please Help.

Thanks

 

[great guru]

Hi,

Currently I am on H4 visa. My I-94 is valid till a date in Oct. 2006. For some reason my spouse's H1 cannot be renewed. I am trying to get F1 for myself.

International student's advisor at the college informed me that if I have my application for F1 in INS, I can remain in USA till my F1 gets approved even if my I-94(H4) expires. Is this true? Yes, if you apply F1 well before expiry of your H4
Please Help.

Thanks

 

[NeoW]

Yes, I believe it's true. However, it will be different story if your F-1 petition is denied.

 

[great guru]

Re: Need help regarding H1B

--------------------------------------------------------------------------------

Thanks again. I will summarize and post it back to the forum so others can learn more from my experience.

NeoW.

Quote:
Originally Posted by great guru
LCA is required every time you apply h1 whether new one or extention or transfer.



Quote:
Originally Posted by NeoW
Great guru,

Thanks for the response. It's very helpful. Do you happen to know if I will need to get LCA again? If I do, doesn't it need to be the same category?

NeoW

Quote:
Originally Posted by great guru
You must check 2 a and 5 b

4 you must give F1 and previous H1 receipt number

Covering letter you must mention that you have worked in H1 "start date "to 'end date.'
Attach I 94 copy also previous H1 visa stamping copy in your pp


Quote:
Originally Posted by NeoW
Great guru,

I have read many of your posts. I have questions to ask you. I lost my H-1B on 2002 and transfered my status to F-2. Now I have got a job offer. I know that I am cap exampt. But I don't know the petition process. In question#2, part 2 of I-129, what category I should check (new employment of change of employer)? Do I need to get LCA again? What documents I will need from company to support my petition? I appreciate your help and looking forward to your answer. I will post all the details later in the group.
Thanks,
NeoW

Yes, I believe it's true. However, it will be different story if your F-1 petition is denied.