Q: Some questions related to change of status from H1 to F2 and H4 to F1.
Can we start school while the change of status (H4 to F1) decision is pending?
After the change of status (H4 to F1) is approved, can we stay in the US until the school starts? Let's say It is approved 2 months before the school's start date.
Can the changes of status (H4 to F1 and H1 to F2) be processed simultaneously, or should I wait to apply for the H1 to F2 change of status until the H4 to F1 change of status is approved?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Yes, you can begin your studies while your change of status from H4 to F1 is pending. However, you will not be eligible for F1-specific benefits, such as working on campus or applying for CPT/OPT, until your F1 status is approved.
Once your F1 status is approved, you can remain in the U.S. during the gap before your school starts. You are not required to leave the country during this period as long as you maintain your F1 status conditions.
You can file both changes of status (H4 to F1 and H1 to F2) at the same time. However, processing times can vary, and both petitions will be adjudicated separately. If you have concerns about timing or overlap, it may be helpful to plan carefully when submitting applications.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
