H4 to F1

[eefrog]

Hello everyone,
My wife is on H4 here in the US. I have filed for an extension for my H1 and her H4 and its currently pending.
I just responded to an RFE on it, my main question is :

1- Can my wife change her status to F1 from H4 without leaving the country while our extension is pending ?

2- If so whats the procedure ?

3- If for some reason we get the extension denied, can she change her status from H4 to F1 without leaving the country ?

Basically, I am trying to figure out a way so that she can be on her own status, without being on a dependent status.

Your response to this query will be greatly apprecited. Thanks much in advance for your time and help.

eefrog

 

[jaxen2]

1.If her H4 is still valid, she can apply for H4 to F1, which will nullify the H4 extension.
2. I539 plus all the other docs required for F1 (I20....)
3. If extension is denied but if her current H4 is still valid, then she can change to F1. otherwise she has to leave the country and try for a visa in a US consulate.

Why do you think her H4 will be denied? If you have answered the RFE properly then there should not be any issue. They wont deny H4 but approve H1.

 

[eefrog]

Hi jaxen,
Thanks for the reply. I dont think that the H1 will be denied, I am just saying that if we come across something unforeseen.
Anyways, what do you mean by "if her H4 is still valid".
I wouldnt have applied for her H4 extension if her H4 was still valid.

1- How can I tell if her H4 is still valid.
Her and mine I-94 expiry date is the same, which has passed, and so is the visa stamped in her passport.
2- So does that mean her H4 is not valid anymore?
3- Can she not apply for changing the status to F1 while her I-539 is pending ?
Both of us are waiting on the extension to come through.
Thanks again for your time and help.
regards,
frog