Enrolling in a university is a significant move that demands careful consideration. It becomes even more problematic when you consider your immigration status. H4 dependents who want to return to college usually have two options: enroll in the program while still on H4 status or convert from H4 to F1 visa.
Enrolling in a university is a significant move that demands careful consideration. It becomes even more problematic when you consider your immigration status. H4 dependents who want to return to college usually have two options: enroll in the program while still on H4 status or convert from H4 to F1 visa.
Once you have received your I-20 from the university, you must apply to convert your immigration status from H4 to F1. You could either fly outside of the US and get an F1 visa stamped, or you could stay in the US and petition for a change of status from H4 to F1. Depending on the service center to which your petition is sent, change of status petitions can take anywhere from 3 to 9 months.
Let’s first talk about the two types of visas.
The F1 Visa
First and foremost, if you intend to stay in the United States after completing your studies and wish to obtain an H1B visa, the F1 Visa is the one for you. This is due to the fact that transitioning from an H4 to an H1B is extremely complex and time-consuming. Starting with an H4 visa and then applying for an F1 visa is a relatively straightforward process that can be completed online in approximately 30 minutes.
Essentially, if your main goal is to obtain an H1B visa and the ability to stay and work in the United States after completing your education, you should do the following:
- Start off with your H4 visa and apply for an F1 visa; this process is really easy.
- Now you can do a Curricular Practical Training (CPT) or an Optional Practical Training (OPT) if you’d like. Remember that you can only do these on an F1 visa.
- From the OPT you can go into an H1B visa.
The H4 Visa
With an H4 visa, you can begin university or college full-time or part-time in the United States. If you do not intend to stay in the US or perform CPT or OPT, continuing on an H4 visa can be quite advantageous because you already have an H1B visa counting against the maximum. Furthermore, when you convert to H4, you can apply for an Employee Authorization Document (EAD) and thus get a job.
Read Also: How do You Know if F-1 Visa is Approved?
However, as previously said, if you want to work full-time and obtain an H1B visa, this visa is not for you. It is less likely that you will be allowed to work full-time on the H4 visa. In some situations, H4 spouses are not eligible to apply for an EAD, so make sure you verify the H4 EAD eligibility conditions if you wish to work in the United States.
You may need to invest a significant amount of time and money in order to find work and obtain an H1B visa through this route.
Assume you graduate in May, which means the H1B cap has already been reached in April; you will then have to wait until next April to apply for an H1B visa. Then you’d have to wait until October to start working again. This is roughly equivalent to a year of doing nothing or being restricted in what you can do in the United States.
As a result, if you intend to stay in the United States, this may not be the best option for you. Check the timeline of your visa to evaluate which choice best fits your goals.
How to switch from H4 to F1 Visa?
Although it may appear strange, you can begin with an H4 visa and then switch to an F1 visa. How precisely does this work? If you pick this route, you must first obtain an H4 visa and then convert it to an F1 visa after a year or more.
Make careful to first discuss this option with your university’s foreign department, as each university has various restrictions about how CPT and OPT choices function with different visas. However, if you want to apply for either of these two positions, you must follow certain criteria and processes.
The decision to choose this option is based on your goals and needs. There are numerous choices available to you, such as completing two semesters on an F1 visa to be eligible for CPT. Another alternative is to conduct an internship before starting your studies on an H4 visa and then converting it to an F1 before graduation so that you can apply for OPT.
We know it’s difficult to keep up with everything! However, we only want to demonstrate that there are additional options available to you through your international counsel and lawyers. An H4 visa has the advantage of just requiring you to pay in-state tuition.
The H4 to F1 change of status petition I-539 must be submitted online. As of this writing, the charge for changing your status is $370. You must additionally pay a $85 biometric charge. After submitting the form, you must supply the following supporting papers to USCIS:
- Copy of I-20 from the University
- Acceptance letter from the University granting you the admission
- Copy of Sevis fee receipt. Currently Sevis fee is $200 and it can be paid online
- Copy of most recent I-94
- Copy of your passport – include only first page, last page, and all visa stamp pages
- Copy of all prior I-797A approvals if you had filed any H4 visa extensions
- Proof of funds to cover tuition and expenses. Include your H1B spouse’s bank statements for last 3 months. The bank balance should be more than the amount mentioned on I-20
- Cover letter explaining why you are applying for the change of status from H4 to F1. Since F1 is a non-immigrant visa, you need to prove your intent to return back to your home country after completing your degree
- Copy of your marriage certificate
- Copy of H1B spouse’s passport – include only first page, last page, and all visa stamp pages
- Most recent I-94 of your H1B spouse
- Last 3 pay stubs of your H1B spouse
- Cover letter from H1B spouse that they are sponsoring your education
Submit all of the documentation listed above to the Dallas Lockbox facility. The most recent filing addresses can be found here. The lockbox facility will notify you of your receipt and forward your case documents to a suitable USCIS service center for approval.
For U.S. Postal Service (USPS):
USCIS
P.O. Box 660166
Dallas, TX 75266
For FedEx, UPS, and DHL deliveries:
USCIS
ATTN: I-539
2501 S. State Highway 121 Business
Suite 400
Lewisville, TX 75067
