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Immigration Issues/H4 to F1 with husband in I- 140

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Question
Hi,

I am presently on H4 visa and am a Masters student with a partial tuition waiver.I want to change my visa status to F1 to avail assistantship and as such full tuition waiver. And also OPT. My husband is into green card processing and has filed I140.My H4 expires in Jan 2011 and we are still waiting for the H4 extension approval(applied in Aug 2010).


I want to know is it fine for me to apply for the change of status? Would there be any risk involved in that? Are there any chances of it getting rejected?

Please help.

Answer
Hi,

You have an intention to immigrate to the U.S., and thus there is a possibility that the USCIS will not grant change of status from H4 to F1. Incidentally, H visa status allows for intention to immigrate to the U.S., and thus there is never a problem in extending H visa status.

There is no harm in applying for change of status from H4 to F1. If denied, you will still maintain the underlying H4 status.

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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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