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Hi I am currently on H4 pursuing my masters full time and my university is offering CPT for my course. So I am planning get to change my status to F1. My problem now is : My spouse switched employer and his H1B Transfer along with my H4 transfer is pending, so will I be able to submit our previous I94 (which is valid till January 2017) along with the receipt of the current petition? Or should I wait until the current petition is approved before I apply for my change of status. Kindly request your guidance on this and really appreciate your response. Thanks and Have a great day!
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You can submit your change of status application at this time with I-94 and receipt of current filing. U.S.C.I.S. looks at your pending application to see whether it is approvable. If it is, the agency will consider you in status for the change of status application. You can of course also wait until there is an adjudication on the pending H-1B/H-4 applications before submitting your application for change of status to F-1. That choice is up to you.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 Sep 18th, 2016 at 11:25 AM
It is not clear what was submitted on your behalf with USCIS. There is no requirement that a transfer be filed for an H-4 dependent. Your status continues so long as your spouse maintains nonimmigrant status. Without knowing, what if anything, has been filed on your behalf, it is difficult to provide meaningful guidance. You may need to file a change of status and withdraw the previously filed petition/application. It may also be advisable to depart the country and re-enter on a student visa. I would encourage you to speak to your husband's employer's immigration attorney or consult an attorney privately. You can read more about student visas at http://myattorneyusa.com/student-visas.
Answered on Aug 22nd, 2016 at 12:56 PM