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Posted on 18 Apr 2009
Q.

Change of Status from H4 to F1

Hello,I am in the 6th year of my H1B, valid till Oct 2009. I have an approved I-140 with PD Jan 2008, EB2, India. My wife is on H4 since she March 2007. She has obtained admission to a master's program and she prefers to change to a F1.
1. Given that F1 is a non-immigrant intent visa and I have already begun the GC processing, is this COS feasible?
2. For August 2009 entry, how soon can we process COS?
4. If my PD were to become current say in June 2009, can I go ahead with the I-485 stage (for my wife and me) assuming the COS to F1 has been approved?
5. If her COS is pending, can I go ahead with the I-485 stage for the both of us if the PD were to become current?
6. If COS is rejected, does my wife default back to H4 status or will she have to apply for H4 again?

User's Location: Austin, Texas, United States of America
Category: F1 Visa (Student Visa)
Posted on 19 Apr 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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