Hi, I am currently on H4 visa status (in Indianapolis) and planning to join grad school in Jan 2015. I will be completing my one year of residency in US in July 2015, then I will be eligible for in-state tuition fee.I have no time now to get my H4 status converted to F1 before the session begins so university has suggested me to do 1st semester with out of state tuition fee on H4 visa. Then 2nd & 3rd semester with in state tuition fee on H4 and then apply for F1 COS so that I get eligible for OPT. Since I will be paying much less fee for 2nd and 3rd semester, I will save a lot of money. My questions are:
1. What are the chances of my F1 getting approved when only 1 semester of my MS will be left?
2. Is this plan safe to go ahead with or should I apply for F1 earlier (in 2nd or 3rd sem)?
1. Impossible to guess or accurately predict. My instinct tells me not very high, if it can be discovered that just doing that to obtain a one year OPT based EAD.
2. Entirely your choice, but I never before heard about foreign students on F-1 visas obtaining "in state tuition", but I am learning something new everyday..
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.
We good. F1 is subject to INA 214b while H4 is not.
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.
H4 to F1 change can be obtained if that is what you wanted although your chances of approval depend upon your personal situation. Besides, I hope you make an informed choice to seek this change of status.
My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.
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