Ability to work on CPT and OPT are valid reasons for changing status from H4 to F1. The question regarding plans after graduation is meant to check your intent to immigrate to the US permanently.
Start off with your H4 visa and apply for an F1 visa; this process is really easy. Now you can do a Curricular Practical Training (CPT) or an Optional Practical Training (OPT) if you'd like. Remember that you can only do these on an F1 visa. From the OPT you can go into an H1B visa.
H4 to F1 Visa Change of StatusH4 Visa to F1 Visa change of status is done through the form I-539.For the most part, the applicant can file I-538 with help from the DSO and without hiring an attorneys.The filling process is pretty simple. Complete the form I-539 (link to the form I-539) Gather required documents.
You cannot be in dual status, both H-4 and F-1 at the same time. If you are currently in a valid F-1 status, then you are no longer in H-4 status.
about 3 monthsAt the same time, USCIS takes about 3 months to process EAD applications. Since the EAD cannot be approved until the H4 status is approved, the EAD may be put on hold until the H-4 is approved.
If you are on H4 visa (dependent visa) you can go to school or college without a change in your visa status. There are a few exceptions to the case, but if you are worried about applying for the student visa (F1) to study, think again.
F-1 visa to EB-1 visa One option for students who are in the U.S. on F-1 visas and wish to become Green Card holders is to apply for an EB-1 visa, also known as first-preference employment-based visas.
5 attorney answers It will be hard to get the student visa but not possible. Schedule a consult with an attorney so you can make sure you prepare the F1 application well. You will have to gather enough evidence to convince the VO that you intend to return to your...
Any H4 visa holder may convert from H4 to H1B visa status as long as they meet the H1B visa requirements. The H4 visa holder’s sponsoring H1B employer must file his or her H1B petition. The H1B sponsoring employer will need to submit the following along with Form I-129.
Yes, In-state tuition is available for H4 visa holders in the US. However, different schools and states have different application schemes and policies for the process.
F-1 Student Visa The F-1 Visa (Academic Student) allows you to enter the United States as a full-time student at an accredited college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program.
USCIS premium processing will NOT be available for H4, EAD until FY 2025. EB1-C i-140 premium to start in 2022.
To study in F1 visa, you have to get admission and then apply for H4 to F1 Change of Status.
That’s an added expense for you when you go to study in college ($1000 per month).
This is hybrid option. You can start studying in H4 Visa, then change your status to F1 after 1 year or so.
H4 for EAD rule gets published, then you can study in H4, then use the EAD to get a job. But, if your goal is to get Full Time job and H1B visa, then I don’t recommend this option.
Study in H4, Pay In-state fee, then change to F1 just before graduation.
A plus side to an H4 visa is that you would only have to pay in-state tuition fees with it.
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First of all, if you are planning to stay in the US after your studies, and you want to get an H1B visa, the F1 Visa is the right one for you.
There are also some cases where H4 spouses are not eligible to apply for an EAD, so check the H4 EAD eligibility requirements if you want to work in the States. You might need to invest a lot of time and money in order to find a job and get an H1B visa through this option.
Which one you choose depends on your specific needs. For example, if you study on an F1 visa, the fee will be more expensive than on an H4 visa. However, you will be eligible to be a Teacher’s Assistant (TA), Research Assistant (RA) or to do an Optional Practical Training (OPT).
This study option begins by getting an H4 Visa and later change it for an F1 Visa after 12 months or more. You need to communicate with the school offering your choice of study because various types govern OPT and CPT options for the different types of visas.
The second question is to check either you are going to return to your country after your course of study. You should provide a strong answer to the interviewer that you will travel back by convincing him or her about having strong ties in your country of residence. This shows you will return to your country when you are done with your course.
When you are changing from H4 to F1, it will influence your immigration status even though you are in the United States of America. If you are in your home country of residence, you have to get the F1 Visa stamped at any of the US embassies. These are the two types of questions being asked to applicants applying for an F1 visa during the interview: why do you want to migrate from H4 to F1 change of status? and what do you want to do after your graduation?
If you re looking for more insights and guidance for this H4 to F1 Visa, H4 Visa Career Guide may come in handy. It’s a combination of 4 in 1 guide with 10+ hours of video guide and webinar replays and interview.
Here’s a quick preview 60 minutes long interview with Tina. She converted from H4 to F1 Visa. We spoke about her journey from H4 to F1 to Full-Time Job Offer via Internship for a semester.
U.S. Universities are seeing an uptick in applications from H4 Visa to F1 applicants.
Every family’s visa situation will be unique.
For families with kids, it’s a lot more challenging for a spouse to go back to school with added college tuition expenses. They would have their parents or in-laws stay with them to watch over the kids if the kids are not in the school-going age.
Far too many times, I have seen people consult an immigration attorney after adverse outcomes have occurred, and there’s really no easy path after that.
You are most likely to see friends, classmates around you getting H4 to F1 approvals.
If your current Visa status is ending before your F1 will be processed , then you have to get into bridge applic
First of all an acceptance from an accredited school, a copy of the acceptance letter and a copy of a signed I-20 stating your department and your duration of status as a student. You will need to inform the school of your intention to change status from H1B to F1. Sign the Student Attestation section .
A plus side to an H4 visa is that you would only have to pay in-state tuition fees with it.
They are doing their job, so if the VO says he/she can’t approve the visa, try to walk away in a calm and collected manner.
By being on F1 - you maintain independent status and if the primary loses their job, you still get to continue your education without issues with your visa. It’s really about knowing the purpose of your visa, not about masking your intentions. Although, I do understand your concern with the amount of life at stake.
You are fine as long as you file this before the H4 I-94 expires. It will take 2 to 3 months to get a decision. You can avail of F1 privileges such as on campus work authorization only after change of status is approved. Also, on F1 you will need to pay out of state tuition.
By being on a H4 visa, you are always tied to your primary person’s status - assumably H1B. By being on F1 - you maintain independent status and if the primary loses their job, you still get to continue your education without issues with your visa.
When selecting the best visa for you, the first thing you need to remember is what your present visa status is, how will your financial condition look like and what are your potential career goals? Do you have answers in your head? You may now decide which visa is appropriate for you. We discuss the distinctions between the visas below, starting with examples about what is available on each.
to have the F1 visa stamped or remain back in the U.S. to ask for a status adjustment from H4 to F1. Change of status petitions will take 3 to 9 months, depending on the support center to which the petition is submitted. Changed loading times can be found here.
The H4 to F1 transition of status petition I-539 ought to be sent electronically. The Adjustment of Rank charge as of this writing is $370. You would still have to accept a biometric charge of $85. On submission of the application, you are expected to submit to USCIS the following relevant documents:
You would only be qualified for in-state tuition payments if you have been residing in one state, and only one, for at least one year. Your university will ask you to include proof of residency rules, such as filing state tax or a state driver’s license.
While you will start classes while waiting for COS to F1 certification, you would not be considered for OPT or CPT until the change of status petition from H4 to F1 is accepted. Remember that the status petition adjustment is just to modify your position when you’re in the US.
There are also situations where H4 partners are not qualified to qualify for an EAD, and if you choose to operate in the states, review the H4 EAD eligibility criteria. You may need to spend a great deal of time and money to find a job to get an H1B visa with this method.
When you start to think about the legal status, it gets much more confusing. H4 dependents who want to go back to college also have two choices – Stay on H4 status in the system or change visas from H4 to F1. To learn about those choices, read this blog.
The question regarding plans after graduation is meant to check your intent to immigrate to the US permanently. As you already live in the US and your spouse is on an H1B visa, the consular officer has a reason to believe that you would immigrate to the US if you are granted the F1 nonimmigrant visa.
Change of status petitions can take anywhere from 3 to 9 months depending on ...
Once you receive the receipt notice, you can check status of your H4 to F1 change of status petition on USCIS case status website. You can also reach out to your school DSO if you have any questions regarding the change of status from H4 to F1.
The first and foremost thing you need to do is find a University that meets your needs and a program that best aligns with your career goals. Enlisting help of a Counsellor like skoolville.com is a great way to shortlist programs, find about application requirements, and submit applications. Read this blog to learn about all the steps involved in pursuing a masters degree in USA. And read the Best courses for H4 visa holders blog to learn about the trending programs guaranteed to land you a job after graduation.
You need to submit the H4 to F1 change of status petition I-539 online. The fee for Change of status is $370 as of this writing. You also need to pay $85 biometric fee. Once the form is submitted, you are required to send following supporting documents to USCIS:
Acceptance letter from the University granting you the admission
Although you can start classes while waiting for the approval of COS to F1, you will not be eligible for OPT or CPT until the H4 to F1 change of status petition is approved. Note that the change of status petition is only to adjust your status while you are in the US.
First of all an acceptance from an accredited school, a copy of the acceptance letter and a copy of a signed I-20 stating your department and your duration of status as a student. You will need to inform the school of your intention to change status from H1B to F1. Sign the Student Attestation section .
Apply for I-20 request in university. They will process in 15–30 days and give SEVIS number (will be required to book appointment)
Cover letter explaining why you want to change status and mentioning in bold that you are maintaining residence in your home country.
You have to be full time student at the given University, who provided you with the SEVIS number.
We were in the same situation. I had I-140 approved when my wife changed from H4 to F1 while in the US. There were no issues. As long as your paper work is in order and you are admitted to a legitimate reputed university, there is nothing special you need to do just because your spouse has I-140 approved.
For change of status you will need to file I-539. This can be electronically filed (check USCIS website)