H4 to F1 (with H4 to H1B pending)

explorus

New Member
Hello. I am looking for advice on an H4 to F1 transfer (with a few complications thrown in for good measure) :)

1. I am on an H1B and my wife on H4
2. I changed jobs and a H1B and H4 transfer is still pending (we have the receipts)
3. In the meanwhile my wife applied to both school and job
4. She’s got an admit to a univ as well as a H4 to H1B transfer receipt at the same time
5. Now if she wants to go to school, would it be difficult to change her status to F1 (H4 to F1 with H1B pending)?
6. And what happens if I decide to leave the country for a few months (with my H1B transfer pending)? Can she stay back while her paperwork is going on?

Thank you.
 
Just for reference

If you have ever applied GC, you have immigration intention. Chang from H4 to F1 may be denied, because F1 is non immigrant visa. Although H4 is non immigrant visa also, it allows immigration intention. That is why one can keep H4 status while I485 is pending and can not keep F1 status while I 485 is pending.
Your wife's H1 is pending, so she is still H4. You can go ahead applying F1 for her and withdraw the H1 application. If you do not and her H1 is approved later, she becomes H1 and then if F1 is approved later, she becomes F1.

If she has case pending or a legal visa, she can stay.
 
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