Important question

telecomguy

Registered Users (C)
Is it possible for a H4 spouse to convert to F1 while the labor/I-140 process is proceeding for her husband???
 
As far as the *possibility* of converting from H-4 to F-1 is concerned - yes, one can switch from H-4 to F-1.

However, you must bear in mind that the F-1 visa is **strictly** a **non-immigrant** visa and you will have to convince the consular officer that you **DON'T INTEND TO IMMIGRATE**.

Since you already have an immigrant petition (I-140), it is fraught with difficulty
and has a high chance of rejection.

In any case, it won't jeopardize your I-140 application if the F-1 is rejected (assuming that you have maintained valid legal status).

On the other hand if F-1 is approved, better not leave the country untill the green card is approved (because you risk re-entry at the POE - because of conflicting dual intents).
 
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