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).
Can I change my status from F1 to H4 without affecting pending asylum case?
If you are in status, you can file for a change of status. The pending asylum application does not disqualify you.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
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That is possible.
This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult with an attorney. I work for Cardinal Risk Mangement and Cardinal Intellectual Property, IP service companies, but not law firms . I also am the president of Vepachedu Educational Foundation Inc., which is a non profit educational foundation. I also write cultural and scientific compliations for the foundaiton. I also teach at Northwestern university as a guest lecturer. I also provide some pro-bono guidance on immigration and other issues through Indian American Bar Association. I also have a contract with Cardinal Law Group, a law firm, for IP projects. All this information is on my profile at Avvo and also at Linkedin.
You pending asylum has nothing to do with your change of status attempt. To change status you need to be in a valid nonimmigrant statu on the day when the application for the COS is filed and qualify under the eligibility requirements of the new status sought.
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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