Last Action Rule H4 Extension and F1 Stamping

USA F1, F2 Visas - CPT - OPT
1

Hello,

I am pursuing MS and It is my third semester. My current H4 visa is valid till April 2020 and My spouse H1 and my H4 extension are in progress.

  1. Can I apply COS from H4 to F1 while the H4 extension is in progress?
  2. If I travel India or Canada to get F1 stamping and return to the United States in F1 visa while H4 extension is in progress. Would my H4 extension petition be abandoned as soon as I leave the country? If not and H4 extension gets approved after returning to the US on F1. will I continue to be in F-1 status based on my most recent entry in the US or my status will be H4 as per “Last Action Rule”.

An early response would be highly appreciated.

Best Regards,

2
  1. You may, if your I-94 is valid.
  2. As per last action rule, the last action from USCIS will stand valid, in that context, it is likely that your status would get changed to H4 again…but, I am not fully sure here as the visa category is changed and your I-94 also would change…If you want F1, you should withdraw it to avoid issues. Check How to withdraw H4 Petition.
    I suggest yo speak to an attorney to double check on this. Also, do update here for community benefit.
3

Thank you Kumar for your reply.
As per you answer 1, Is there any time limit to apply COS H4 to F1 before I-94 expires such as 30 days before I-94.

Best Regards

4

No limit as such as long as the I-94 is valid.