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Am I out of status?

San Mateo, CA |

I came to the US on an H4 and got admitted to a university here. In November, I applied for an F1 visa after having completed the first trimester of the course. A few days later, my husband changed jobs and his H1 was transferred to his new employer. Since I had already applied for a COS, we did not do anything for my H4. Now, it has been over 3.5 months and my visa approval has not come. My visa status is showing as HOLD since March 4. My questions are:
1. Am I in any risk of being out of status if my F1 does not come through
2. Should I have done a H4 transfer? Is that even possible if my F1 COS is pending?
3. Is the delay on the F1 visa potentially due to my husband's H1 transfer?

My I94 is valid till Oct 2013. I am in the second trimester of my course. Visa was applied for in November 2012.

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Attorney answers 4


There are numerous issues here that need to be addressed. When did you enter the U.S.? Did you seek I-20 towards your admission to the University? Consult with a competent immigration attorney to assist you with your situation.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.


Your stay is considered authorized by the AG for as long as you are intending to attend classes. However, it is not a valid nonimmigrant status for purposes of a COS again.

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.


Usually, the F-1 change of status takes six months to complete. It does not have anything to do with the transfer. You are OK as your H-4 is still valid. If it expired, then you are in a stay authorized by the attorney general since you applied for the COS before your H-4 expired.

This answer is not to be construed as legal advice. For a free telephone consultation, contact us now at: (512) 215-5235 Austin, (214) 377-4822 Dallas, (713) 242-1783 Houston, (210) 957-8845 San Antonio Please dial extension 500


Cannot be determined on the facts posted. Status is controlled by the I-94.

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.