H4 to F1

harishmankala

New Member
HI,

My H1 Visa 6yrs period going to end in April 2005. Till now i didn't applied for Green Card. Recently married and wife staying with me on H4. Can my wife convert to F1 before 6yrs end period and is it possible to convert my status to F2(Dependent) or i have to leave the country.....

thanx
Harish
 
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Harish

If Apr 2005 is not a typo, then you have a month to get your acts together to file your LC to enjoy the AC-21 benefits of 7th yr extn. Remember to filee 365 days before to get 7th yr extn.

If it was supposed to be read as Apr 2004, then USCIS will very closely look at COS esp. because F1 is of non-immigrant intent and gets more scrutiny after 9/11. For changing to F1/F2 respectively one has to show clear non-immigrant intent and strong ties back to home country.

You can apply for COS in consultation w/ an attorney. Remeber not to travel out when COS is in progress. If you do COS request will be rejected however your F1 status might be approved. This means a visit to the consulate to get PP stamped

Good luck
 
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