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?
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.
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Carl Shusterman, Esq.
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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.
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