H4 to F1 COS chances of denial

USA Study in USA
1

Hi… Currently I have H4 status and I live in the US. My employer applied for my H1B this year, but my visa got denied citing that the employee-employer agreement was not explained clearly. We are planning to appeal the case with more proof.

In case of my H1B denial, I am planning to do H4 to F1 COS and study masters. Do you think there are chances of my H4 to F1 COS getting denied, because of my H1B denial. Will they cite 214(b) saying that I have immigration intent. I just wanted to know my chances of getting F1.

Any advise is appreciated. Thanks for reading through. Have a good day!

2

Denial of H1B is highly specific to the employer situation and does not affect anything else. H4 to F1 change of status has about 99% approval chances in comparison to a B1 to F1 request which has always been at 60%. As I see it, 214(b) does not apply here - you are simply trying to have a professional foothold and it will be very difficult to prove immigrant intent.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University, www.chu.edu

3

Hello dhana,

Did you get your H4 to F1 converted successfully? I am also in same situation. My wife’s H1b got rejected and now she plans to pursue higher studies. Any possibility of COS getting into trouble because of h1b rejection?

4

I got my H4 to F1 COS approved successfully without any issues. Go ahead. You shouldn’t have any problems.

5

Thanks a lot dhana. Can I know in how Manny days COS got approved? Is it possible to prepare documents ourselves or we need to get in touch with attorney?

6

Thank dhana for the information. Can you please also let me know did you get your F1 stamped? I applied for COS,but it is delayed and I dont have inputs from USCI as to how much time it will take. I was considering to go to India and get my F1 VISA stamped. Can you please share your experience if you got your F1 stamped

7

Hello Dhana,
I am on H4 and I am planning to do masters this year. I am planning to apply for F1 once I start my studies, because OPT and CPT. I undestand the documents required. But the question is, somewhere I read, we need to send a cover letter to USCIS with a reason to convert from H4 to F1. What is the best reason in our case can be? It seems risky to mention about CPT and OPT.