H-4 to F-1 Change of Status

Why Changing from H4 to F1 Status?

• Employment Opportunities: F1 visa holders have better employment opportunities, including CPT, OPT, and potential H-1B Visa opportunities. On the other hand, H4 visa holders face challenges in finding a job, and turning directly from H4 into H1B can be extremely difficult.

• Independence and Security: Unlike the H4 visa, which is dependent on the H1B holder's status, the F1 visa operates independently. If an H1B holder faces unforeseen circumstances like layoffs, the H4 visa holder may lose their right to stay in the United States.

• Financial Considerations: Studying with an F1 visa might involve out-of-state fees, but it provides a clear pathway to employment and an H-1B visa. On the other hand, while studying on H4 might offer in-state fees, the challenges in finding a job and transitioning to H-1B can be significant.

• Gain Independent F-1 Status: H-1B workers are generally subject to a six-year maximum period of stay, although certain individuals may qualify for extensions beyond six years. H-4 dependents do not have a separate six-year limit of their own; their H-4 status generally depends on the principal H visa holder continuing to maintain valid status.

Can I Change the Status from H4 to F1?

There are two ways to acquire a new non-immigration status:

Option 1: Travel and Reentry

For H-4 holders, one way to switch to F-1 status is to leave the U.S., apply for an F-1 visa at a U.S. embassy or consulate in their country of nationality or residence, and then reenter the U.S. in F-1 status. This approach is particularly effective because applying from their home country allows the applicants to demonstrate a strong connection to their homeland, which can be an important factor in the visa application process. However, it does come with potential drawbacks such as the possibility of delays in visa processing and the costs associated with travel. In other cases, due to personal reasons, many opt to stay in the US and use option 2 to get their F1 status.

Option 2: Change of Status within the U.S.

This method involves applying to U.S. Citizenship and Immigration Services (USCIS) for a change of status from H-4 to F-1 while remaining in the United States. If USCIS approves the application, your immigration status will change to F-1, but you will not receive an F-1 visa stamp. If you later travel outside the U.S., you will generally need to apply for an F-1 visa at a U.S. embassy or consulate in your country of nationality or residence before returning in F-1 status. While your change of status application is pending, you should generally remain in the U.S., as departing the country may cause USCIS to consider the change of status request abandoned.

Important Notes:

• The application for a change of status is intended to modify your immigration status; IT DOES NOT ENTITLE YOU TO A VISA. Upon your next departure from the U.S., you will need to visit a U.S. consulate or embassy overseas to apply for an F-1 visa.

  • >>> Read More: F1 Visa Preparation: 50 Essential Questions to Ace Your Interview

• If your COS can not be completed before the date indicated on your I-20 form, it is crucial for you to reach out to the DSO of your school to explore options for deferring the program start date.

  • >>> Tips: once receive the offer, you’ll need to contact DSO to get an I-20. I-20 is not automatically issued.

• While the H-4 status permits full-time study, it may impose limitations on employment. Some H-4 dependents might qualify for work authorization. If you don’t meet the eligibility for work authorization, you are prohibited from commencing work on campus until the transition to F-1 status is complete and you are prohibited from taking on any internship until your CPT application is approved.

• If you properly file your change of status to F-1 while your H-4 status is still valid, you generally do not need to file additional applications solely to “bridge” the gap between the expiration of your H-4 status and your F-1 program start date.

  USCIS may approve the F-1 change of status effective on the date it makes a final decision on your application. However, you must continue to meet all other eligibility requirements while your case is pending.

  Because individual circumstances can vary, applicants whose status is close to expiring should carefully review their filing timeline and, when necessary, seek guidance from their DSO or a qualified immigration attorney.

  • >>> Tips: It is crucial for you to seek professional help when in this situation. Book a free consultation with us if this is you!

• The denial letter or approval notice will be mailed to the address listed on Form I-539 in your application. If you change your address, the postal service will not forward mail sent to you by USCIS. If you don’t have an address or are in the middle of moving, you can use your lawyer’s office address.

• You may remain in the U.S. while your application is pending, even if your original status expires during the application processing.

• If you leave the U.S. while your request for a change of status is pending, the USCIS will consider your application invalid.

How Much Does It Cost?

The cost of changing status from H-4 to F-1 includes several government and school-related fees:

1. Form I-539 Filing Fee: The USCIS filing fee for Form I-539, Application to Extend/Change Nonimmigrant Status, is currently $420 when filed online or $470 when filed on paper.
2. Biometrics: There is currently no separate biometrics services fee for Form I-539. However, USCIS may still require applicants to attend a biometrics appointment if necessary.
3. I-901 SEVIS Fee: After receiving your Form I-20 from a SEVP-certified school, you must pay the $350 I-901 SEVIS fee for F-1 students.
4. Legal Fees: If you choose to work with an immigration attorney, legal fees vary depending on the attorney and the complexity of your case.
5. University Fees: Additional costs may include university application fees, tuition, and other school-related expenses.

USCIS and SEVIS fees are subject to change, so applicants should always verify the latest fees on the official USCIS and ICE websites before filing.

How Can day1cpt.org Help?

• In-House Immigration Expertise: Our in-house immigration attorney specializes in the Change of Status (COS) process for international students.

• Transparent Pricing: Unlike hourly billing common in many law firms, we offer a clear flat fee of $1500.

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• Expedited Services: For those with time constraints, we offer fast-tracked services upon request.