Immigration Issues/H4 to F1 COS

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Question
Hi,

My Wife is currently in H4. I would like to make a change of staus to F1 for her to study and work. Please let me the following:

1) Procedures to apply for Change of status from h4 to f1
2) Once the Status is approved, does she need to attend an interview in USA or Outside to obtain her f1 visa stamped
3) Does she neeed a new I 94
4) If she is attending the F1 interview, would they ask for my financial documents.
5) Instead of applying the change of status from H4 to F1, Can I apply the COS for H1 - L1, so that My Spouse would get L2 and can work.

Thanks in advance.

Answer
Hi,

An application for change of status to F1 is filed on Form I-539: http://www.uscis.gov/files/form/i-539.pdf

There is no interview. The approval notice issued by the USCIS will have a new I-94 attached to the bottom of the approval notice.

You can change status from H1B to L1, assuming that you are qualified. Further information about the L1 category is here: www.h1b1.com/l1visa.htm

Your wife can apply for L2 visa status if you are granted L1 visa status. She can then apply for EAD (employment authorization document) in connection with L2 visa status.

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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