Need Guidance: Change of Status from H-4 to F-1 After Dropping H-1B Plan

LasVegasConsultant

LasVegasConsultant

New Member
Visa Case Summary;
Current Location: Arizona
Citizenship: Indian
Current Status: H-4 (as of May 2025, confirmed by DMV)
Family: Accompanied by spouse and toddler child
Visa History & Timeline of Events:
  • July 2023: Entered the U.S. on F-2 visa; spouse on F-1; child also on F-2.
  • Mar/Apr 2024: Spouse was selected in the H-1B lottery; plan was to join the sponsoring company.
  • Aug 2024: H-4 change of status filed for me in anticipation of spouse switching to H-1B.
  • Nov 2024: Decision made to drop the H-1B path; no action taken on H-1B, but H-4 application remained active (unintentional)
  • Mar 2025: My H-4 status approved; not received original I-797A on the address.
  • Spouse remained on F-1, later transitioned to F-1 OPT.
  • May 2025: DMV confirmed my H-4 status during Real ID application. I asked attorney for I-797C.
Current Objectives:
  1. I am planning to pursue higher education in the U.S. and need to change my status from H-4 to F-1.
  2. Our toddler child is currently in the U.S. on H-4 status, and will also need a change of status from H-4 to F-2, to remain a dependent of me (once I transition to F-1).
Questions for Guidance:
  1. Can I file a change of status to F-1 using only the I-797C (courtesy copy), without the original I-797A? And without going for stamping?
  2. Is my current H-4 status secure, considering the H-1B route was dropped?
  3. What is the correct and safest process to change my status from H-4 to F-1?
  4. What is the best way to file a change of status for my child from H-4 to F-2, once my F-1 is approved or pending?
  5. How can I request a duplicate or replacement of the missing I-797A notice? I have filed for I-824 to get duplicate of approval notice.
  6. Are there any legal or procedural complications due to this chain of visa status changes that I should address proactively?
 
Spouse chose not to go with h1b and after graduation got f1-opt EAD, I filed for h4 in 2024 immediately after lottery pickup confirmation to save time. No stamping for h1b was done we dropped it before going for h1b but they processed h4 in march2025. I hope the confusion clear.
 
You cannot be an H4 without an associated H1B. must have been an error on the part of USCIS.
did you see online the approved change of status - as you don’t have an i797?
 
SusieQQQ said:
You cannot be an H4 without an associated H1B. must have been an error on the part of USCIS.
did you see online the approved change of status - as you don’t have an i797?
Click to expand...
I have I-797c instead of I-797a , and yes I checked and confirmed that I have h4 change of status from f2.
 
LasVegasConsultant said:
I have I-797c instead of I-797a , and yes I checked and confirmed that I have h4 change of status from f2.
Click to expand...
You cannot be h4 without an H1B. You cannot be a dependent of a status that doesn’t exist. If your husband’s status is f1, you are either f2 or have somehow fallen out of status due to the error of the h4. You said you had an attorney?
 
Based on what you wrote looks like H-1B status was approved for your husband and H-4 for you.

H-1b & H-4 approval notices I-797A's will arrive at attorney's office.

Now, for you to change to F1 status, USCIS would insist to see your husband's pay checks since he was granted h-1b status in past and you are his dependent.
 
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