H4 to F1 visa when spouse's I140 is approved

[iknownoone]

Hi all,

I needed some advice on the following:

I am presently on H4 visa in the US and have started graduate school. I would like to convert to an F1 visa. My spouse is presently on an H-1B visa and has his I-140 approved, but is yet to apply for the I485 since the date is not yet near the priority date.

Considering that the F1 visa is a non-immigrant visa, I would like to know how to address the following:

-> If I apply for an F1 visa, will it be approved?
-> Is it fine if I travel outside the country to get the visa stamped in my passport (I think I read that this may not be a good option, but I wasn't sure)
-> Would this change of status have any implications on either mine or my spouses green card processing?

I guess there may be other people who have been through a similar process - I would really appreciate if you could let me know your opinions.

Thanks in advance!

 

[Concerned4us]

You have demonstrated immigrant intent which is a problem for f1.

 

[iknownoone]

Can somebody please reply to this mail with your experience or advice?

Thanks,

 

[CALVIN_LJQ]

I am with you, and I am in the similar situation as you are now. I just got layoff and I got my I-140 approved last year. Now I am think to go back to school as a F1. I am afraid that I will be denied ....I am so desperate...
good luck and keep it updated...please!

 

[kabkaba]

Approved I-140 is not exactly immigrant intent, filed I-485 is. It is totally up to the adjudicating officer to decide and I have heard of both decisions in the past. But, if you apply for I-485 from F1 status, it may definitely be denied.

 

[CALVIN_LJQ]

Thanks for the good news, I can have some hope! Anybody has the experience, please let us know...