H4 to F1 to H4

Hi All,

I entered US on H4 visa in Fed 2014. I started attending a university on my H4 in Sept 2014 and applied for COS and my F1 was approved on 20 Jan 2015. My spouse H1 visa and my H4 visa got extended from Jan 1 2015 to Jan 1 2018. I want to change my status back to H4 because of the H4 EAD rule which will give me opportunity to work. I am planning to go to India for H4 stamping. Will my changes of status effect my stamping? My spouse is with the same employer so will i be eligible for drop box even though i changed my status in USA?

Another concern is i have two I-797’s one for H4 1/1/2015 to 1/1/2018 and another for F1 which was approved on 1/20/2015. I am not sure if my H4 I-797 is valid because i got my F1 approval after my H4 extension. Should i take my H4 I-797 form or my spouse H1 I-797 or my F1 I-797 for stamping?

Thank you so much for your response

Hello everyone!

I have a similar question on the change of status from H4 to F1 and back to H4.

I just recently applied for change of status (COS) from H4 to F1 in the starting of February 2015, thinking H4 EAD would be delayed. MY COS to F1 decision is pending with USCIS currently. In the meantime, my husband’s H1B went for renewal in Feb and we did not choose to send my H4 for renewal along with it, thinking I would be on F1. The H4 that I was on expires in June 2015.

But now that H4 EAD has passed, there are a number of advantages for me if I shift back to H4 immediately, since I can choose better courses with more flexibility if I study on H4. How should I go about this? Is it enough if I apply to USCIS with another COS form from F1 to H4? I have heard that they will consider the latest application as valid and reject the previous one automatically. Is that true? Also, do we need to contact my hysband’s employers and send in an H4 renewal for me along with his H1B?

Any help on how to navigate these confusing issues is greatly appreciated. Also, I need to know and act on this soon, because depending on my visa status, I need to choose courses for the next quarter starting in April.

Kindly help.

Thanks a lot

hello, I am in the same situation now, could you please let me know if your wife was eligible for drop box?

Thanks!

Your wife will be eligible for dropbox if her old H-4 didn’t expire more than 12 months ago. Even if her status in US changed to something other than H-4 while she was in US, she would still be eligible for dropbox as long as earlier condition is satisfied.