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Can i apply for extension of H4 visa and then apply for change of status to F1 while extension application is still pending?

Jersey City, NJ |

i am currently in US on H4 visa and H4 visa status expires on june 17,2013.
I have already applied for extension of H4 which is still in review condition and hence pending.
I intend to join a school with F1 visa this fall, so can i apply for change of status while my extension application is still pending?

Attorney Answers 4


  1. Best answer

    Great question! You can, though it's quite possible your H-4 extension will be granted by the fall.

    Remember, in order to change status to F-1, you need to be in lawful status, like H-4. So your F-1 change of status will depend on the H-4 extension being granted. If you are not in lawful status (like H-4) when the school starts, the F-1 change of status will likely be denied.

    Generally, barring unforeseen circumstances regarding the H-1B (lost job, divorce, etc.), the H-4 extension should be granted. So as long as that is the case, in the meantime you can file the F-1 change of status and have it pending at the same time. USCIS should adjudicate the H-4 first, then the F-1, if they are alerted that you have both pending.

    But honestly, do yourself a favor, and retain an attorney to assist you. If this bridge you are constructing fails, you're going to have a problem that is more costly to fix than to prepare for. Please also understand that this email does not constitute legal advice. Immigration, as you know, has serious consequences if a wrong step is made, so you should reach out to a good attorney and at least have a consultation where your documents and situation can be reviewed.

    Good luck!

    John

    (610) 664-6271. John Vandenberg focuses his practice solely on immigration law. You can keep up to date on immigration law by liking the firm on Facebook at www.facebook.com/hvlawgroup. His response to your question is general in nature, as not all the facts are known to him, and does not constitute legal advice. Retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case, since that protects both you and the attorney. Mr. Vandenberg's statement above does not create an attorney/client relationship.


  2. You should not file a change of status while your extension is pending. However, since you can attend school using your H-4, there seems to be no need for you to change status to F-1.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic, Skype or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. If it is applied already, wait till it gets approved before filing for a F1. You can allowed to study on a H4 as well, though you will not qualify for a work permit when you graduate.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.


  4. I agree with my colleagues.

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