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Can h1b/H4 extension(premium processing ) be filed parallel to H4 to F1 change of status filling

Immigration 5 views 3 answers
Myself H1b and wife's H4 visa/I-94 expire on May/1st/2014. I’m applying for H1 and H4 extension together in premium processing by March/20/2014 Spouse is currently enrolled in school on h4 status, going to complete her studies by dec/2014 Later on my spouse is going to apply for H4 to F1 change of status on April/1st/2014 , for Fall semester Aug/25/2014(Fall semester) and I -20 date is Aug/2014. On May/02/2014 what will be my spouse status h4 or f1 ?, if both h4 extension and h4 to f1 cos get approved On Aug/25/2014 what will be my spouse status h4 or f1 ? , if both h4 extension and h4 to f1 cos get approved Do I need to wait for h1b/h4 extension approval before applying for spouse h4 to f1 change of status?

Attorney Answers

3
Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed ·
One nonimmigrant status to another can only be changed during the validity of the current nonimmigrant status, that is if the request for such change is filed prior to expiration of the I-94. Awaiting adjudication of another COS petition, while does authorize the applicant stay until the petition is adjudicated, does NOT provide the applicant with a valid nonimmigrant status.
0 upvotes
Russell Abrutyn ·
This can be done but great care must be exercised so that your wife's status is and becomes what she wants it to be. If an attorney tells you what your wife's status is or will be on a certain date, that is providing legal advice and probably creating an attorney-client relationship, so you should first direct your questions to the attorney helping you with this or the DSO at the school. If you do not have an attorney or that attorney does not answer your questions, you need to find a new attorney, one that is available to answer your questions.
0 upvotes

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