my H4 COS (currently in F1 visa) is approved starting from Feb 10.
I have decided to drop my classes for spring semester applying for a Authorized Early Withdrawal there by terminating my sevp record and I must depart the U.S. within 15 days (by Feb 1st).
Is there possibility of staying in US since my H4 COS will start from Feb10th.
I dont think you need to drop classes or leave the US if your F1 to H4 change of status is approved with I-94 attached to the approval notice.
You just need to provide your copy of H4 approval to the ISSS of your school and they can terminate your SEVIS effective the start date of your H4.
The school immigration record will update to H4 and you can continue your study on H4. Note that you can’t do paid work on H4 unless you have H4 EAD.
His confusion is about the 9 days gap between the F1 termination and the start date of H4.
His H4 is probably approved with start date of Feb 10.
I think he will be out of status between Feb 1 to Feb 10. What do you think?
Hi @anil_am22 ,
Seems I missed the post subject line, thanks for pointing out.
F1 do have a grace period of 60 days on successful maintenance of F1 status and if H4 is approved with I-94 and the gap is less than 60 days, then he should be okay.
Though it would be interesting to know the admit until date on the F1 I-94 ( if entered on F1) and see if there will really be any gap as I would imagine if USCIS approved H4 COS with I-94, ideally there should be no gap.
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Hi @Kalpesh_Dalwadi @anil_am22 ,
Thanks for your response.
University mentioned that once they terminate the SEVP record, I have only 15 days grace period to leave united states (in that case, I should leave by Feb1st).
I’m dropping the courses in the beginning of semester to avoid out of state tuition fee and planning to enroll from next semester.
As mentioned in the previous comment, 60 days period is after OPT completion or in-between the coursework as well ?
Also in the H4 approval document, they mentioned I have 10 days grace period before start date and after end date.
Thanks.
Is your H4 approved with I-94 attached to the I-797 approval notice?
Do your school allow dropping classes after couple of weeks of semester start with full refund? If yes you may be able to minimize the gap between your termination of F1 and start of H4.
You can also contact your bursar and check with them if they will allow in state fees as your status will change to H4 effective Feb. That way you dont have to drop classes and the school will terminate your F1 on the start date of H4 thus avoiding any gaps. Schools are generally very flexible to avoid student dropping off so no harm is trying to talk to them. Go in person and discuss your situation. You can also talk to your dean and discuss your situation and options they can offer to continue your education.
Otherwise I suggest consulting an immigration lawyer in your scenario and get their legal advice.