Change in visa status from f2 to f1 while H4 is in process

USA Study in USA
1

I have received an admission letter from the university for this fall 2016. My current situation is that I am on F2 visa and my spouse in on F1 visa. His company has applied an H1b petition which is now in pending status and so is my H4. I want to change my visa status from F2 to F1 to do my Masters. I wanted to know

As I am on F2 visa I am eligible for Part time enrollment, If we receive any information about my spouses H1b before august, will I be eligible to pursue my masters as Full time student?Can I apply for change of status from F2 to F1 without withdrawing H4 application?Will this H4 application have any impact on my COS from F2 to F1?Is it possible to withdraw H4 and get the change of status from F2 to F1 approved before the end of August?Will this transition from F2 to F1 have any effect on my future or on my F1 Visa stamping?

2

  1. In this case you will move to H-4 status, and can become a full-time student

  2. Yes, it can be done while H-4 COS is pending

  3. Search for “Last Action Rule”. Assuming you have F-1 and H-4 COS processing in parallel. Then your eventual status would be the one that goes into effect later. You can always withdraw one of them once you know both are running in parallel. Makes sense?

  4. H-4 can be withdrawn. However, nothing can be said about timelines for F-2 to F-1 COS approval. It can take few months or longer

  5. No

3

Thanks a lot for clarifying.
I just have another doubt on my 1st question.
Even if my husbands H1b gets approved by august it will only be effective from 1st oct and so accordingly my H4 would be effective from oct 1.
So will I be elligible to go for full time masters just with a confirmation on H1b approval?

4

If your F-1 status is approved first, then you can become student on its basis. If your H-4 status is approved first, then you can become student on its basis.

While your status remains F-2, you cannot become full-time student.