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Change of Status for Husband and wife in one application

San Jose, CA |


I am currently on H1 and wife on H4, I want to apply our change of status - mine H1 to F1 and wife's F1 to F2.

1. Can I apply both our COS in one form I-539?
2. Do I pay COS fees per head or per form (ie $290 or $580)??
3. If per head, can the fees be combined in one check or two separate checks required?
4. If we apply both our COS together, can we do electronic filing? Any pros/cons to it like faster approval or more chances of RFE?

Appreciate your inputs.

Sorry for typo... wife's change of status would be H4 to F2 NOT F1 to F2.

Attorney Answers 3


1. Yes.
2. Per I-539 Form. Read the instructions. They are written in very simple language.
3. Only one check, one fee is required.
4. NEVER do an electronic filing with USCIS if you can help it. System full of glitches = guaranteed RFE!

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Mr. Behar is quite correct.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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1. No, different statuses.
2. One fee per form
4. Pros: None. Cons: problems with the e-form.

You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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Oh! Are you sure about separate COS? In my original post, I had typo - I meant to say H1 to F1 and H4 to F2 in one form.... Please confirm as I have two different answers from you and Mr. Behar!

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