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Should we wait for some time before my wife files COS application from H4 to F1 as she has got admit for Spring 2013 session?

Waltham, MA |

My wife recently got her H4 visa stamped (in November 2012) and arrived in the US in the 2nd half of December. She has got an admit to a local state university for her MS program which she would start on H4 visa status. However, we wanted to understand if there is a preferred time period that we should wait before filing for her COS from H4 visa to F1 visa. Does this have an impact on how quickly the application is processed and whether is is accepted or denied?
Any help would be highly appreciated!

Attorney Answers 2


I don't think the time in filing has any impact on whether it is accepted or denied as long as you are not out of status. Consult an immigration attorney today.

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Think twice about this ... an F may not be the 'smart' thing to do.

She will be required to pay a HIGHER TUITION at a state university when she is on F.

As far as 'when' to file ... which I am not recommending, you are probably thinking of the 30/60/90 rule ... it doesn't really apply in this case.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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