I am in a very confused state and need your help, please.
I came to US on B1 and applied for change of status to F1 and still waiting for approval from USCIS from long time.
Due to some family reasons me and my partner who is on H1 b have married here in US.
Now if I dont get approval for my F1, I will be out of status as I have been waiting since long on B1.
Now can I apply for h4 by any chance?
I will appreciate your response.
Thank You.
When is your current I-94 expiring?
Hello Saurabh
my current i-94 expired in April, it means I need to get my F1 request approved by USCIS.
I am only staying here with the pending request for F1.
please let me know.
H-4 COS cannot be filed until F-1 gets approved. Also, pending COS allows you to stay up to 240 days from the I-94 expiration date.
One option is to leave US, go for H-4 visa stamping and then return on that visa stamp.
Thanks for your response Saurabh.
But what if my F1 gets denied in US, Can I apply for H4 by staying here itself?
Due to some personal reasons I cannot go back to India now.
If F-1 is denied, you need to leave US immediately. You can then appear for H-4 stamping and return on that.
Like I said, H-4 COS can be applied only if your F-1 gets approved.
Hello Saurabh, thank you again.
But I was informed through a law firm in Texas saying I can file for H4 within the 30 days of F1 denial? do you think it works out?
I don’t think so. You need to be a valid legal status when applying for COS. This means a valid approved unexpired I-94, which you won’t have if F-1 is denied.
Thank You very much Saurabh.
Its just the Lawyers who are trying to convince me for COS and I dont know what will happen.
If I need any more Info I will reach you out.