Immigration Issues/H4 to F1

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Question
Hello Ajay,

I am currently on H4 in the US. I was offered admission into a masters program here and filed for COS from H4 to F1. It's been over 4 months now but no decision from USCIS and their processing time is only 2.5 months. Based on a somewhat similar experience, friend of mine suggested that my Sevis record might be deactivated, which may affect the decision from USCIS. Is that possible? Can sevis be deactivated before getting F1 approval? If so, what can be the reason?

Answer
Hi,

If the case is outside normally processing times, you can request a case status inquiry at https://egov.uscis.gov/e-request/Intro.do

The USCIS will not delay adjudication for any reason as long as the application (in this case, Form I-539) is properly signed and the appropriate USCIS filing fee is attached. If you are still concerned about your SEVIS record, contact the DSO (also known as international student advisor) at the university, and this official will have access to the SEVIS database.

Incidentally, you can study in H4 status, so speak to the DSO about studying while awaiting formal approval of the change of status application.

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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