I have applied for asylum and waiting for interview. I'm already graduated. F1 will be expired at the end of Sept unless I go to grad school (which is already too late to apply for next semester). Therefore, i'd like to change my status to H4 WHILE waiting for the asylum process to be completed. (My spouse is approved for H1B and will be effective from Oct 1st). Can I do it? If yes, can I change the status inside the US? or Do I have to go out of the US and apply for H4? I can't go back to my country (Country of Persecution).
If you are still in valid status and your spouse has maintained status then yes you may file to change status while your affirmative asylum case is pending.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
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