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Monroe, LA |

I am currently on F-1 OPT STEM extension of 17 months and my employer is filing for H1-B and H4 for my wife this April. My wife is currently on F-2 and in US with me. She plans to study MBA starting Aug'13 and I am confused as to how to plan on getting her the F-1 visa. I know she can study on H-4 but she wants to do assistantship. My H1B if approved will begin from Oct 1st and her course is going to start from Aug. Can she still proceed further to apply to an university? An if yes, how best to get her an F-1?

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Attorney answers 3


She can apply to change her status from F-2 to F-1.

(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.


You will be subject to CAP GAP, just file for her F1. Talk to the foreign student advisor at the school she is going to attend.

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.



Thanks Carl and Alexander. Her H4 file will be submitted on 1st Apr while she will come to know about the admission in school only in July. I think in two months of submission she will get her H4 visa approval that is in June which is before getting an admit from school. But the H4 status will start only from 1st Oct which is after the course begins. Would you still recommend filing F1 before her status changes to H4? Does she need to go back to India to get her F1 stamped or can this be done here in US itself?


By applying for the change with a valid I-20.

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.

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