Urgent help needed --- H4 to F1 while H1 petition is pending received RFE

H

H1Advice

Registered Users (C)
Hello,
I am currently on H4 visa and my spouse is on H1 visa with an approved EAD. He has got a job offer for which he is required to utilize his EAD. If he starts working on his EAD then he will lose his H1 status and in turn I will lose the H4 status.
So in order to accept this offer my husband will have to get on his EAD and I will have to transfer to student visa. I have also applied for the H1B visa for the 2009 quota on April 6th 2009. I received an RFE which got answered on Sept 2nd 2009. The current status of my RFE is that it will require USCIS 2 more months to make a decision (End of Nov 2009). Since this job requires my husband to start in two weeks, I was planning to come on student visa. But my question is that when applying for a student visa, would it affect the H1 RFE in progress? Would USCIS start looking my case closely because they receive the two Visa requests (One for employment and another for student).
Also, does applying for student visa imply that I have applied for change of status? All I want to do is secure a position with the university and obtain my I-20 form and later on based on my H1 petition coming through or not then I will try and get on to my Student visa by applying for change of status.
Appreciate your prompt reply!!
Thanks!!
H1advice
 
Since you have immigrant intent, you do not qualify for a student visa. Obtaining an I-20 with no intent to study will not grant you any stay.

You should exit the US before your husband begins work; you can then reenter on H1B once the RFE is cleared and you have H1B stamping.

Playing the game you propose is not in your best interest.
 
She will definitely qualify for F1, I have seen very many cases F1 approved by USCIS. (H4 to F1).


Concerned4us said:
Since you have immigrant intent, you do not qualify for a student visa. Obtaining an I-20 with no intent to study will not grant you any stay.

You should exit the US before your husband begins work; you can then reenter on H1B once the RFE is cleared and you have H1B stamping.

Playing the game you propose is not in your best interest.
Click to expand...
 
You must log in or register to reply here.
Top