QUESTION
Can I study with a pending COS J2 to H4 visa process?
Asked on May 08th, 2020 on Immigration - Indiana
More details to this question:
My J2 visa expires at the end of July, but I have already started the process of changing my status to H4. Due to the COVID-19 situation, I will be spending the summer in the USA without leaving the country and not abandoned the I-539 form. At the same time, I have been admitted to a Graduate full-time program starting in August. My question is whether I can be a student in this situation with an H4 visa, even if the process is pending. Would it be better to cancel this process and get an F1 visa? Although due to the situation of COVID-19 this may have big impact/delays. Thank you
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The restriction against studying while waiting for a change a status to F-1 student only applies to the B-1 and B-2 categories. In my recollection, there is nothing that prevents an individual changing status from J-2 to H-4 from studying during the pendency of the application. There are also no restrictions on H-4 individuals studying full-time. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jun 06th, 2020 at 7:53 PM