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Queries regarding change of status from H4 to F1

Elizabeth City, NC |

Hi,

I have an admit for MS - CS Fall 2014 from UT Arlington. I am planning to enter USA on H4 Visa since my husband is on H1B and apply for change of status from there.
How long does it take for the change of status once applied? Also, once the status is changed to F1, am I eligible for the RAs/TAs without my passport being stamped?
Also if in the future if I need to change to H1B, will F1 stamping be required before that?

Regards,

Attorney Answers 4


  1. it is permissible to enter as an H and change to F, CIS indicates they are taking about 2.5 months to make a decision.

    Attorney Robert Brown's (former INS Director, 1972-99) reply to your question is general in nature, and does not constitute legal advice as all facts are known to him. For specific advice or representation you should retain an attorney experienced in immigration law. Mr. Brown's reply on AVVO does not create an attorney/client relationship not constitute legal advice.


  2. You can seek to change your status but will need to pay a visit to the consulate to get a visa once you are outside of the USA and want to return on F visa.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  3. Once you are in valid F-1 status, you are eligible to be employed on campus only. You do not need a visa in your passport, just the new I-94 card sent with the change of status approval. You can change your status to H-1B in the future without having an F-1 visa in your passport, but if you leave the US for any reason, you must get the appropriate visa to return from a US consulate overseas.


  4. You appear to be concerned about your lawful stay in the United States and wish to remain in the country legally. If that is in fact correct, delegate any of your issues to the counsel of record, as legally appropriate in this situation.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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