I am currently hold F1 visa, my I-20 expire 8/31/2013. I am full time PhD student last semester(Fall 2012), the last day for the class is Dec 15, 2012, PhD students are not required to register during the winter session. For some personal reason, I will not register class for this semester(Spring 2013) and want to change my F1 visa to H4 visa.
This is the second week of the new semester, can I file I-539 right now to get the status changed? Will I be considered as out of status?
Thanks a lot.
You need to speak to your internationl student adviser DSO since otherwise yes, it could be a problem and you can be considered out of status and the DSO will enter such on the SEVIS system. You should have applied for a change of status prior to the start of the Spring 2013 semester but see and talk to the DSO perhaps they can help and have you quickly file for a COS to H-4 or speak to an immigration attorney but definately also to the DSO.
3 lawyers agree
I agree with my colleague.
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
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(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.
1 found this helpful
12 lawyers agree