Immigration Issues/L2-H4-F1

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Question
Hello,
I came in July,2008 on L2 visa as my husband was on L1B. My husband got a H1 COS approval on Sept27,2008 and on the very day my H4 was applied. My husband left the company A which had filed L1 b on 20th Oct and joined company B on the same day. I got my H4 receipt and case is received and pending. Now, i have joined college in US and i want to convert to F1. My question is should i wait for my H4 approval and then apply or i should i apply for my F1 on H4 pending receipt?
Thanking you in anticipation!!


Answer
Hi Neha,

An application to change status to F1 can be filed now, but the USCIS will not grant change of status (COS) to F1 until the COS to H4 is granted in the interim. You can attach the H4 receipt notice issued by the USCIS to the F1 application.

Alternatively, you can wait until COS to H4 is granted and then apply for F1.

Incidentally, you can also study in H4 status, but you lose certain benefits of F1 such as OPT and part-time on-campus employment option.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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