Will be divorced in 10 days. Can I apply for H4 to F1 before that.

USCIS considers the date of receipt of an application or petition to be the relevant date in deciding whether an individual has timely filed. For cases with rapidly approaching deadlines, we will use a courier service like FedEx. Filing for F-1 status from H-4 without the spouse’s documents may be somewhat problematic as USCIS will want to see that the principal H-1B has been maintaining legal status. You will also require financial evidence of support sufficient for the schooling. That figure can be seen on the I-20 form which estimates the amount required for schooling and living expenses. A timely filing does not incur unlawful presence until the date that an application or petition is denied. At that point, day 1 begins on unlawful presence, not before. There is no grace period to leave if you become illegal after you are divorced and USCIS would like individuals who no longer have status to leave as soon as possible. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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.