[URGENT] H4 to F1 Processing While H4 extension in Process

USA
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1

Hello

I have a scenario with my wife’s visa:

  • My wife recently received her admit from university.

*She is on H4 visa. (valid till 2024.)

  • Her H4-extension (NOT EAD) visa process was started again in FEB-2022 along with my H1b-extension to match with my dates.

  • Now, we want to apply for F1 and change her visa from H4 to F1 by traveling to home country India, Can We do that ? (Since Her H4 extension is still in process )

  • What happens if she enters Us with F1 Visa and then her H4 gets approved? By Last action rule her visa will be H4 again?

  • What we can do in this scenario to maintain F1 if they approve her H4 extension after her F1 gets stamped?

Thank you in advance :slight_smile:

2

Sure, you can do it.

Approval of H4 extension of status will not move her back from F1 to H4. It has to be a change of status application to move back from F1 to H4.

For peace of your mind, you can send a letter to the USCIS center processing H4 extension application to withdraw and attach the copy of F1 I-94.

1 Like
3

Thank You Kalpesh for your guidance. I just had one more question:

  • Yes, as you said earlier will send the withdrawal notice for her H4 extension (I-539).

But by any chance still they approve her status afterwards, do we need to visit Mexico, and reenter on F1 so that we can nullify her extended H4? Is this process required if her H4 gets approved by any chance after F1?

4

I don’t think this is required but you can consult an attorney if at all you end up with such a situation and follow their advice.

5

Sure :slight_smile: Thanks a lot Kalpesh for your help and valuable guidance.