r2i forum

I plan to get my spouse on H4 visa soon. (I am here in Raleigh, NC). She has worked in IT in India. Planning to get her started on an MS program initially on H-4 visa.


Can conversion from H4 to F-1 COS be applied anytime? i.e. Can one start MS (or MBA) on H4 and then at anytime apply for COS to F-1? OR can this be applied only when one semester end and another starts?

H-4 does not need full time course load, while F-1 does... hence wonder if one can apply for H-4 to F-1 in the middle of a semester...(when one is taking less than full time course load on H4)

You need to check the immigration forum. You should have no problem changing from H4 to F1 at any time.. Many change to F1 to keep their 6 years of H visa available for use after graduation. IF you are on H1, it may be a while to get GC. So she needs to save some H1 years for use after MS.

Do you get instate tuition on H4? Some states used to allow that.. First apply for MS. You may be running out of time for Fall 2010.

I think on H4 your wife will pay much less tuition and fees as F-1 students, out of state and International students pay 3 times more. I have seen spouses on H4 doing MS. Then after completing MS they apply for their own H1. But the main thing is getting a job.

Also, email any university whose program you wish to enroll.

Even if you apply for H1 then still you will be lacking as Priority dates are still retrograde for persons born in India both in EB-2 and EB-3. One reason is Desi body shopping consultants are rampantly abusing the system while honest people who are applying suffer.

Quoted

" My son is in first year at Purdue University. We are from Delaware basically and still lives in DE. Since we don't have GC Univ of Delaware didnot consider him as instate even though he is in school here for the 3 years i e from 10th standard. Where as my friend who stays in Virginia got in state for his son from Geoege Mason University even though he is also on EAD like us. As some one rightly mentioned in previous postings it varies from state to state and from university to university. I don't know where you are. I thought Purdue University is a better option when I am paying just a couple of thousand dollars for the course than UD so we sent him to Purdue. We are also not eligible for FASA grants as long as we are in EAD stage. If you want to get scholarship you need to get Parolee status as some one pointed out above. To get the parolee status your son need to go out of US and come back on AP and get parolee status. My friend son who got admission in George Mason university along with instate tution fee also got FASA grant for the second semister since he went to Canada and came back on AP. So if you want to be elegible for FASA grant you need to change to Parolee status. We are planning to send my son to Canada in summer and get him back on parolee status to be eligible for FASA grant for next semister. Hope I conveyed what is my experience with this explanation."

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purple1;272682I think on H4 your wife will pay much less tuition and fees as F-1 students, out of state and International students pay 3 times more. I have seen spouses on H4 doing MS. Then after completing MS they apply for their own H1. But the main thing is getting a job.

Also, email any university whose program you wish to enroll.

Even if you apply for H1 then still you will be lacking as Priority dates are still retrograde for persons born in India both in EB-2 and EB-3. One reason is Desi body shopping consultants are rampantly abusing the system while honest people who are applying suffer.

One the primary reasons I was thinking of H4 to F-1 COS is as a backup, if the primay H-1 holder gets laid-off and is about to loose H1 status. . Is it a viable option to immidiately file for H4 to F-1 COS in such a case? or is this a ridiculous idea.? :) (H4 dependent is already enrolled in a MS program taking 1 or 2 courses).

(Primay has EAD as backup, but H4 cannot be in status if the primary uses EAD for employent. hence the above plan till priority dates become current to add the dependent to 485)....!

So enrolling for MS program is just to be able to move to F1? If i were you, i would ask her to enroll full time in MS program and complete it in 2 years. Her job opportunities would be lot more. (maybe more than you, if that'll be an issue :-) Once she starts her program, move her to a F1 visa without waiting to get laid off.

Yes, there's a cost for the MS program. But the benefit for someone moving from India will be huge in terms of employment.

Is it a viable option to immidiately file for H4 to F-1 COS in such a case?

For this you have to ask a lawyer about how much time it will take for adjustment / change of status. Post this in immigration forum as it involves technicality.

http://www.immihelp.com/greencard/adjustmentofstatus/eadap-hl.html