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Old 07-15-2009, 03:14 AM
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Join Date: Jun 2009
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Default H4 to F1 question

Hello Lawyers,

I am on H1B and wife is on H4. H1B is expiring in Nov 2009 and my employer has filed for extn on 6/30/2009. My wife is currently doing her Masters on H4. Need some advise to here

1) My Extn (H1 & H4 for wife) will take atleast another 2-3 months before I will come to know the decision. Nowadays lot of H1B extensions are getting rejected. In meanwhile can I also apply to move my wife to F1. Will it cause any issues for the USCIS..?

I don't have constraints on paying fees on H4 or F1. All I want is my wife should be able to continue her studies. My company has offshore offices, so even if my extn gets rejected, I will go back to and continue work, but still want my wife to continue studies till she graduates.

Appreciate your help.

Thanks,
Shah
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Old 07-15-2009, 02:31 PM
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Law Office of Elaine Martin
6333 E. Mockingbird Ln Ste 147-910
Dallas, Texas-75214
http://www.martinvisalaw.com
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Your wife can file a change of status (COS) to F-1 now. She should refer to the pending H-4 extension application, and withdraw it if she really would prefer to be in F-1 status. There could be confusion if CIS didn't cross-reference the 2 applications and approved both.
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