Transitioning from H4 to F1

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krsravi100

New Member
I am in US working on H1B and my H1B validity is till end of Sept 2027. I am India born and don't have PERM or I-140 yet. My son (also India born) is currently on H4 is an Engineering Bachelor's freshman in the US, joined in fall 2025.

Given the present uncertainties and prospective regulations & restrictions on F1 (like 4 year restriction instead of D/S), which we are not yet sure what could be the regulations. Also, ideally any new rules to be published should be on or after the effective date, which means it should not impact students in US already on F1. So, under this context would you recommend for him to be moved to F1 now itself OR continue in H4? He will be turning 21 in July 2028?
 
Question, is your son at a public university in a state where you qualify for instate tuition rates? If so, note that he would not qualify for that on an F1.

Most choose to remain on H4 until they age out and have to move into F1. I am not sure why you would want to move into F1 earlier if the change to a time limit vs D/S is your major concern?
 
My son is in the state university - University of Illinois Urbana Champaign under Grainger College of Engineering. As he has come from India (studied there till grade 12) he is already an international student from day 1 and is already paying international fees.

The reason I’m looking for F1 is - He has to take up certain internships apart from essential undergraduate research projects which is part of the engineering curriculum and essential for credits from coming summer break itself.

My understanding is under H4 he is not eligible for either research projects or internships. Is this the correct understanding? Moreover, if the new F1 regulation comes into effect on a date - say, for example Jan 1st 2026, and if he moves to F1 after that date he may not get D/S. Hence the concern.

So what would be the advice?
 
krsravi100 said:
My son is in the state university - University of Illinois Urbana Champaign under Grainger College of Engineering. As he has come from India (studied there till grade 12) he is already an international student from day 1 and is already paying international fees.

The reason I’m looking for F1 is - He has to take up certain internships apart from essential undergraduate research projects which is part of the engineering curriculum and essential for credits from coming summer break itself.

My understanding is under H4 he is not eligible for either research projects or internships. Is this the correct understanding? Moreover, if the new F1 regulation comes into effect on a date - say, for example Jan 1st 2026, and if he moves to F1 after that date he may not get D/S. Hence the concern.

So what would be the advice?
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Ok, some states allow H visa holders instate tuition but I guess Illinois is not one of them. (I realize he just moved but if there is a residency requirement it usually depends on the parent, it’s not clear if you also just moved or if you have already been there paying taxes).

And yes, if he needs to use CPT/OPT for internships then F1 is preferable. You are correct, he cannot work on H4 without an EAD.

Again, if it was only the possible 4 year limit that was the issue, then to me anyway it would make sense to move to F1 later rather than earlier so he wouldn’t have an issue if, say, he takes an extra semester to complete his studies, as he still has 2 years on H4 anyway. But if being able to work is the issue then you would prefer to change his status to F1.
 
FYI - my reading is that your son is actually eligible for instate tuition. That said, you seem more concerned about him being able to work so this may be extraneous information.

1. I am not an Illinois resident. How can I become a resident for tuition purposes?

If you move to Illinois for educational purposes, you will not qualify as a resident for tuition purposes. If you are a dependent: Your family/legal guardian must have established their domicile in Illinois for at least 12 consecutive months immediately preceding the first day of classes for the term for which residency is sought or that your family/legal guardian relocated to Illinois for full-time, permanent, self-sustaining employment prior to the start of the first day of classes for the term for which residency is sought.

4. What do I, a dependent student, have to do to become an Illinois resident for tuition purposes?

A dependent student's place of residency is assumed to be that of the student's parent(s) or legal guardian(s). Proof of parent's/parents' or legal guardian's/guardians' domicile may be required.


19. What about the H-1 visa?

The holder of an H-1B or H-1C visa may be eligible for residency for tuition purposes. A dependent of someone holding an H-1B or H-1C visa, and who holds an H-4 visa, may also be eligible.
y
 
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