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F1 To H4 Visa Conversion: Maintaining Legal Status For The In Between Period!

Discussion in 'Nonimmigrant Visa Validity' started by Swanand Deshpande, Feb 8, 2016.

  1. Swanand Deshpande

    Swanand Deshpande New Member

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    Currently my spouse is on F1 visa. Due to a family emergency, she is taking a break from her PhD studies, as she needs to be a primary caregiver for my family member due to medical needs.

    I am on H1B visa. We had filed for my spouse's F1 to H4 visa conversion I-539 petition on January 21, 2016 (received date on I-797C) along with my H1B visa extension application. The requested effective date on the I-539 application was January 18, 2016. My spouse's I-539 petition was approved on February 2, 2016 so was my I-129 petition. But when they approved I-539 petition USCIS has put July 7, 2016 as the effective validity date for my I-797A.

    This leaves her in no status for several months & she will be mostly terminated from her universities SEVIS any time soon.

    My wife had called USCIS and they have created a correspondence for changing the effective start date on her I-797A to January 18, 2016 {Effective Start date mentioned in I-539 application}

    we are expecting to receive the correspondences via mail by February 23, 2016. We will know whether they have approved the change of the effective date or not only by then. In case the effective date is not changed, what will be the next steps to ensure maintaining legal status within the US?
     
  2. GreenChemie

    GreenChemie Member

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    You could travel to Canada/India and get an H-4 visa stamped. Problem solved.
     
  3. GreenChemie

    GreenChemie Member

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    And get a hospice nurse to be caregiver for those days.
     

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