1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Request for F1-H4 visa status question

Discussion in 'Non-working nonimmigrant issues' started by ashok83, Nov 4, 2011.

  1. ashok83

    ashok83 Junior Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    My wife was is in H4 VISA when she entered in to U.S.A which is valid till Jan 1st 2012. After entering US she got admission to a Master Program and converted to F1 Visa. But hasn't left US for F1.Stamping till now.

    Now we want to convert back to H4 visa from F1. So if she eligable to go back to her old H4. Is it still valid till Jan1st 2012 ? Or do i have to apply for H4 again, which i don't want to do now because my H1-B renewal is in progress and not approved yet.

    Thanks for you Time. I will would really appreciate your early response.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    When she changed status to F1, she lost her H4 status. There are two ways of getting it back. She can go abroad and reenter on an H4 visa or she can apply for change of status to H4.
     
  3. ashok83

    ashok83 Junior Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Thank you very much Ron.

    I will choose the first option if she can leave the country and come back with the old h4 valid visa.Please suggest me in case I am wrong.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    No, you are right.
     
  5. ashok83

    ashok83 Junior Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Thank you very much Ron for your help
     
  6. somia

    somia Junior Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Hi Ron,
    I am in kind of a same situation, I was on H4 and then I went to college and change my status to F1 by going to Canada for Visa stamping. Now I am currently in 90 days OPT period duration which ends on 8th april 2012. I also have to go to India around the same time. I plan to change my status back to h4 to be on a safer side. Can you please tell me how can I change my status back to h4, and whats the best time to do so. As i dont want to go out of status. Please give me some advice. Thank you so much for you time and consideration. I would really be grateful.
     
  7. aruns4

    aruns4 Junior Member

    Messages:
    15
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question


    Somia,

    how long were you attending classes under H4? did you had COS f1 in the US or you went straight away for F1 stamping in canada?

    also please let me know your stamping experience.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    If you still have an H4 visa, just use that visa when you return. If not, apply for an H4 visa while you are abroad.
     
  9. sanjit

    sanjit Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Hello Ron,
    I am on H1b status and this needs to be renewed August of 2013. My wife is here as F1 and she is in current F1 status. Now I would like to change her status to H4 (my dependent). For this do I need to include the bank statement in the application. Also she is in summer break now and Fall registration is August 15th. If I file now do I have enough time to get her H4 so that we do not need to register for fall. I highly appreciate your response.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    Right now, USCIS is supposed to be taking 75 days to process change of status applications (other than through ELIS). You may include a bank statement or a letter from your employer. You just need to prove that she won't have to work in order to support herself and pay her tuition.
     
  11. sanjit

    sanjit Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Thank you Ron for prompt reply. If I file her h4 now and the decision is made after the August 15th that is when she need to register to class in F1 status, would she still be in status ?thanks again.
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    Yes. Since she is not doing a COS from B status, she is allowed to start school before receiving the approval. Also, as long as she files for the change before her current I-94 expires, she will remain in status while it is being considered.
     
  13. sanjit

    sanjit Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    I really appreciate your help on this. Her i-94 does not have the expiration date but her current i-20 is valid until August 2012. On I-539 form, what date should I put under "Current Status Expires On". Is it the date on I-20. Thanks again .
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    Use the I-20 date.
     
  15. sanjit

    sanjit Junior Member

    Messages:
    4
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Ron, I really appreciate your taking time to answer my queries. I am about to fill out i539 but who will be the main applicant me or my wife whom I want to make dependent. Also my wife was working paid on cpt for about one year. what should i fill in the part where it says have you been employed. Currently she is not employed. where should I say that she will be supported by me ?again thnks for your advice.
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    I can't advise you as to your individual matter. Whomever is going to be the F1 will be the principal. As for employment, read the question carefully and answer it literally. If you feel that you need to elaborate, you can add "see attached" and include a complete explanation.
     
  17. trackgear

    trackgear Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    My friend had her visa changed from H4 to F1, but when she got the passport, the H4 visa was not cancelled out. Is that fine or does she need to get her H4 cancelled?
     
  18. Ron Gotcher

    Ron Gotcher Attorney at Law

    Messages:
    35,917
    Likes Received:
    4,298
    Trophy Points:
    25,213
    Re: Request for F1-H4 visa status question

    If she is still married to an H1B, then she is still entitled to an H4 visa. It is perfectly legal to hold multiple visas at the same time.
     
  19. trackgear

    trackgear Junior Member

    Messages:
    2
    Likes Received:
    0
    Trophy Points:
    0
    Re: Request for F1-H4 visa status question

    Thanks very much for your prompt response. Appreciate the help.
     
  20. Lopamudra

    Lopamudra New Member

    Messages:
    1
    Likes Received:
    0
    Trophy Points:
    1
    Hi Ron,

    I was on H4 visa I applied for COS from h4 to F1. I am currently pursuing masters in F1. If I travel to India, is my old h4 valid? I had h4 visa for 3 years which is due in 2016. Do I have to go for stamping?
     

Share This Page