Her H4-extension (NOT ead) visa process was started in July-2021 along with my H1b-extension.
She changed her visa status to an F1-student visa and got her visa stamped in the home country India, in December-2021 [(Her H4 was still in process during this Change of status)]. She’s in her last semester of master’s now, graduating in May-2022.
She entered the US in February-2022 on F1 stamped visa [(Her H4 was still in process during this Change of status)].
Her H4 was approved in March-2022. What would be her current visa status according to the USCIS ? Her SEVIS is still active in the University and she wishes to stay on F1 student Visa to pursue the OPT option. What is the recommended course of action, right now?
What Kalpesh and few others mentioned here in this forum is right. EOS will not change the visa back to H4 (from F1 stamped Visa). EOS approval is literally just status approval and not a VISA approval.
There may be subtle differences in your case and my wife’s. So, I strongly suggest you also speak with an attorney. (I consulted Dakshini Sen, if this might help).
We did not have any luck with USCIS customer support. It is just a waste of time, you won’t get to speak with an agent whatsoever.
We did NOT have to go for stamping or updating the i-94 (by crossing the border). We did apply for OPT; she got her OPT approved and received the EAD card as well.
I did consult an attorney; here is what they said (assuming your scenario is entirely the same):
Please make sure the EOS and COS approvals are not approved on the same i-94 (check the i-94 numbers). Check thoroughly that the status/visas approved are on different i-94
Here is the complete chronological order of applications/approvals in my wife’s case:
When my wife came to the US on H4 (in2020), her i-94 record is, say ABC. Her H4-EOS was filed in July-2021 on the same i-94, ABC.
She went to India in Dec-2021 and got her visa changed from H4 to F1 (F1 visa stamped). She came to the US in Feb-2022, her new i-94 record is XYZ. VISA is attached to the i-94; in this case her F1-stamped visa is attached to i-94 (XYZ).
her H4 EOS (which was filed in July-2021) was approved in March-2022; this is on the i-94 ABC. So, even though USCIS has last action rule in place, this is an exception in this case. She is now on XYZ i-94 with stamped active F1 visa.
Since, her H4 is already approved, the i539 application cannot be withdrawn. But, We did send a withdrawal letter to USCIS, to withdraw H4 visa. You possibly will not receive any acknowledgement, but keep the tracking number, scanned copies etc (of all the details you sent to USCIS).
Here is the sample withdraw letter to USCIS, I used the same format : How to withdraw H4 Application? Sample Letter, USCIS Confirmation - RedBus2US
You can take appointment at your local USCIS field office and carry your passport with F1 visa stamp, your I-20 and the copy of online F1 I-94 issued by CBP at your most recent entry in the US.
Explain your situation to the field officer and have them check their records if it correctly reflects your F1 status. It is rare but there could be instances when USCIS and CBP records may be out of sync for whatever reason.
Are you able to get the status corrected?
I am also having same scenario
I got converted from h4 to f1, have stamped and entered into US on Jan 25,2023. I94 updated has right number and f1 status.
But when I go for ssn they say immigration status is still h4. Please help me how to resolve.