H4 to F1

[ashirwadb]

Gurus,

My wife is contemplating change from H4 to F1 before starting school this winter.

This is what my attorney said regarding converting from H4 to F1.

Pros:
1. She is no longer dependant on you for her visa status
2. Can avail advantages that come with F1, viz CPT and more importantly OPT.

Cons:
1. F1 visa is a visa with non-immigration intent and since I am here on an H1 which is a visa with immigration intent, it might be difficult to convince the visa counsellor or CBP offcer at port of entry about non-immigrant intent should she leave the country and then try to come back. The only way to avoid such a scenario is to avoid leaving the country until she gets her own H1.

Ofcourse, she can continue to be on H4 and still go to school but we would want to weigh in other options.

Any opinions/experiences welcome.

AB

 

[LucyMO]

Your lawyer is correct, however, she will become eligible for CPT and OPT only after an entire year in F-1 status. You are mistaken when you say that H1 is a visa with immigrant intent. It is a dual intent visa, and that simply means that you may or may not want to immigrate while on it. You do not have to prove non-immigrant intent, but your wife will have to when she switches.

 

[lfgc]

Your lawyer is correct, however, she will become eligible for CPT and OPT only after an entire year in F-1 status. You are mistaken when you say that H1 is a visa with immigrant intent. It is a dual intent visa, and that simply means that you may or may not want to immigrate while on it. You do not have to prove non-immigrant intent, but your wife will have to when she switches.

can avail OPT if one has 9 months full time with the school prior to applying for OPT...category doesn't matter for covering 9 months...but, you'll need F1 for applying for OPT.
goodluck.