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H4 to F1 Change of Status with spouse I140 approved

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  • H4 to F1 Change of Status with spouse I140 approved

    I am from India (working in US on H1B) and have a question with respect to applying for my wife's Change of Status from H4 to F1.

    Here is a little background.

    I had started the Green Card process with my present company two years ago and my priority date is Feb-2011 in EB-2 category.
    I am in the 6th year of my H1B which would be expiring on Sep 31 2103. My wife is currently on H4 visa and pursuing her Masters degree here in US.

    My wife expects to graduate in one year and it seems unlikely that my priority date becomes current in the near future (Current priority date for
    EB-2 (India) is Sep 2004 as per January 2013 visa bulletin).
    As such, we were thinking of applying for a change of status for my wife from H4 to F1 so that she can avail the CPT/OPT which will potentially lead to her own H1 sponsored through an employer.

    I am fully aware that F1 is a non-immigrant visa and she may have problems in getting the F1 visa stamped if she travels outside the country. So, we are okay with not traveling outside the country till my wife completes her education and gets her own H1 sponsorship.

    In short, we plan to do the following for my wife:
    H4 --> F1 (Jan 2013) --> work on OPT (beginning of 2014) --> employer files for H1 (April 2014) --> go for H1 stamping (Oct 2014).

    After this, I can add her as a dependent on my i485 once my priority date becomes current.

    Do you foresee any issues with this plan? Will it jeopardize my Green Card process in any way?

    Also, since the sole reason for going on F1 is to avail the OPT benefit after graduation, is it reasonable to wait for the newly proposed Rule for " Employment Authorization for Certain H-4 Dependent Spouses" to take effect (hopefully within the next one year)? Any thoughts/comments would be greatly appreciated.

  • #2
    Originally posted by samshah View Post
    I am from India (working in US on H1B) and have a question with respect to applying for my wife's Change of Status from H4 to F1.

    Here is a little background.

    I had started the Green Card process with my present company two years ago and my priority date is Feb-2011 in EB-2 category.
    I am in the 6th year of my H1B which would be expiring on Sep 31 2103. My wife is currently on H4 visa and pursuing her Masters degree here in US.

    My wife expects to graduate in one year and it seems unlikely that my priority date becomes current in the near future (Current priority date for
    EB-2 (India) is Sep 2004 as per January 2013 visa bulletin).
    As such, we were thinking of applying for a change of status for my wife from H4 to F1 so that she can avail the CPT/OPT which will potentially lead to her own H1 sponsored through an employer.

    I am fully aware that F1 is a non-immigrant visa and she may have problems in getting the F1 visa stamped if she travels outside the country. So, we are okay with not traveling outside the country till my wife completes her education and gets her own H1 sponsorship.

    In short, we plan to do the following for my wife:
    H4 --> F1 (Jan 2013) --> work on OPT (beginning of 2014) --> employer files for H1 (April 2014) --> go for H1 stamping (Oct 2014).

    After this, I can add her as a dependent on my i485 once my priority date becomes current.

    Do you foresee any issues with this plan? Will it jeopardize my Green Card process in any way?

    Also, since the sole reason for going on F1 is to avail the OPT benefit after graduation, is it reasonable to wait for the newly proposed Rule for " Employment Authorization for Certain H-4 Dependent Spouses" to take effect (hopefully within the next one year)? Any thoughts/comments would be greatly appreciated.
    Well these are very interesting questions. In fact, this is one of the main reason H4 move to F1. From my experience there is no problem if no abuse of CPT. However, there are few things you might want to consider:

    1. See if you can get your wife on H1 first,
    2. Be selective on the school. Many times, the school's reputation will determine your fate;
    3. Yes you can add her at a later stage and once you add her, they can definitely terminate the F1 visa
    4.Since your spouse is not on the I-485, they might not deny the stamp on the passport. However, it will be risky to travel on F1. Anyway, you can always shift to H4.

    Give us a call at 510 742 5887, we can ****yze in more details.

    Good Luck
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

    Comment


    • #3
      Thank you so much for the prompt reply.

      The school in question is Santa Clara University, Leavey School of Business, which shouldn't be a problem in my opinion.
      My wife is already done with 1 year of her MS (on H4) and we just plan to convert to F1 for the second year.

      Today, I discussed the same with the attorney at our workplace and he was also of the same opinion
      that there doesn't seem to be any risk barring the F1 stamping issue.
      We are sill not decided on whether the benefits outweigh the risks, but it is nice to know
      what options there are out there.

      Your opinion is always valuable. I really appreciate the great work that your law firm
      is doing.

      Originally posted by shah View Post
      Well these are very interesting questions. In fact, this is one of the main reason H4 move to F1. From my experience there is no problem if no abuse of CPT. However, there are few things you might want to consider:

      1. See if you can get your wife on H1 first,
      2. Be selective on the school. Many times, the school's reputation will determine your fate;
      3. Yes you can add her at a later stage and once you add her, they can definitely terminate the F1 visa
      4.Since your spouse is not on the I-485, they might not deny the stamp on the passport. However, it will be risky to travel on F1. Anyway, you can always shift to H4.

      Give us a call at 510 742 5887, we can ****yze in more details.

      Good Luck

      Comment


      • #4
        Thank you. I don't anticipate any issues in your case then. Please forward our forum to all your friends.
        Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
        Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

        Comment


        • #5
          Hello SamShah,
          I understand that you have already applied for a change of status from H4 to F1. Was just curious to know the method that you took!! Did you do it through ELLIS or mail?

          and Which is faster?
          Please do reply. I am about to join the school and was of the opinion of going to Canada for Visa stamping instead of COS because I need the F-1 status change before August ,2013.
          My condition is also similar because my husbands I- 140 is approved but I haven't been added on it.
          Anyone who has any idea please Please Suggest.

          Originally posted by samshah View Post
          Thank you so much for the prompt reply.

          The school in question is Santa Clara University, Leavey School of Business, which shouldn't be a problem in my opinion.
          My wife is already done with 1 year of her MS (on H4) and we just plan to convert to F1 for the second year.

          Today, I discussed the same with the attorney at our workplace and he was also of the same opinion
          that there doesn't seem to be any risk barring the F1 stamping issue.
          We are sill not decided on whether the benefits outweigh the risks, but it is nice to know
          what options there are out there.

          Your opinion is always valuable. I really appreciate the great work that your law firm
          is doing.
          Last edited by Coss; 05-16-2013, 10:58 AM.

          Comment


          • #6
            Hi Coss,

            I applied through USCIS ELIS.
            Applied on Feb-05 and was approved on April-02.
            So, it took less than 2 months.

            I know this question was posted more than a month ago, but I just saw it today.

            All the best for your application and studies.


            Originally posted by Coss View Post
            Hello SamShah,
            I understand that you have already applied for a change of status from H4 to F1. Was just curious to know the method that you took!! Did you do it through ELLIS or mail?

            and Which is faster?
            Please do reply. I am about to join the school and was of the opinion of going to Canada for Visa stamping instead of COS because I need the F-1 status change before August ,2013.
            My condition is also similar because my husbands I- 140 is approved but I haven't been added on it.
            Anyone who has any idea please Please Suggest.

            Comment


            • #7
              Hi

              Originally posted by samshah View Post
              Hi Coss,

              I applied through USCIS ELIS.
              Applied on Feb-05 and was approved on April-02.
              So, it took less than 2 months.

              I know this question was posted more than a month ago, but I just saw it today.

              All the best for your application and studies.

              Hi Samshah and Coss, Thanks for the discussion and info. My wife is in a similar situation, she is about to start her college in Jan 14, However we were planning to do a COS so that she is not dependent on my H1 extension next year.

              I have couple of questions since you went through this recently.

              1. I have the below list as the docs to be submitted. Please let me know if I am missing something.
              I-539 e-file confirmation
              I-901 receipt (If paid online, the confirmation page)
              Original I-20
              Original I-94
              Bank statements (Mine-Sponsor) to show sufficient funds for the study per her I-20
              Letter of consent, her intention of study and return to her home country
              Letter of sponsorship from me (husband)
              Copy of her passport (visa and identity pages)
              Copy of my H1B I-797, passport

              2. Can I quote the original reason in the consent for or should I leave it out ?
              3. What is the earliest we can obtain the I 20 from college ? or is this dependent on the college ?
              4. Please let us know the do's and dont's so that we avoid a RFE or denial.

              Thanks much in advance and appreciate your response.

              Regards.

              Comment


              • #8
                H4 to F1 while spouse about to file 140 IN 7th year

                I'm in my 7th year of H1B, my PERM Labor has just been approved and ready to file I-140 petition (I'm assuming that I have to add my wife's name on it and can't avoid it ). My wife on H4 got admission for Masters degree and like to convert to F1 to take advantage of OPT after graduation. given that H4 doesn't allow to work ..

                1) My question is to whether its ok to apply for conversion from H4 to F1 after I-140 gets approved or should be it be done before applying I-140..
                2) if she applies for F1 after 140 approved, Does it affect my own GC ? will she be ineligible to be added in my 485 later for adjustment of status.. does she need to have her own H1 and GC ? what are the options?

                Also can she be still on F1 while applying for 485 adjustment of status.. or does she need to be on either H1 or H4?

                Comment


                • #9
                  I'm also in the same situation , i'm on my 3rd year H1B.Spouse have completed 1st semester of MS.My labor got approved and waiting to file for I-140.I'm planning to do change of status for my spouse from H4 to F1, however i also need to file I-140 in another 3 months , so i'm bit confused on which one to proceed first.

                  Comment


                  • #10
                    Need information on filing 485

                    My brother is having approved 140, he is 485 filing is current for him, and he is in India. His H1 is expired, can he come in F1 and can he file the 485 . His employer is not supporting to file consular processing in India

                    Comment


                    • #11
                      Yes he might but he might be faced with an issue of fraud using the F1. I will recommend once he enters to give us a call at 510 742 5887.
                      You might want to read http://www.peerallylaw.com/en/content/view/562
                      Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                      For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                      Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                      Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                      Comment


                      • #12
                        He actually can but there might be an issue of violating the intent of the F1. So there is a risk of fraud. Read http://www.peerallylaw.com/en/content/view/562 it might help
                        Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                        For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                        Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                        Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                        Comment


                        • #13
                          H4 to F1 status

                          Hi,

                          I am in a same situation. I have completed one year of MS degree in USA. I am planning to apply for F1 status next month and get it approved before fall 2014 semester. I have to keep my H4 visa and F1 status too. My problem is my H4 visa expires on Sep 2014, so my husband's employer is filing H4 extension for me next month. Even I am planning to apply for F1 status next month. Will this be a problem? Should I have to apply for F1 status after employer had filed for H4 extension? Or should I wait till H4 extension approval and then apply for F1 status, but the problem in this case is I might not F1 status before Fall semester? Please let me know which option would be better.

                          Comment


                          • #14
                            You cannot keep two status. You can only have one - you can have 2 visas on your passport but not two status. You need to pick one and use it. If you are planning for F1 just apply for it. But you will not get two status.
                            Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                            For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                            Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                            Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                            Comment


                            • #15
                              Apply for your H4 EAD

                              Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

                              For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
                              Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
                              Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

                              Comment

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