Legal Question in Immigration Law in Illinois

H4 visa to F1 Visa

I am currently in the US on H4 visa and my husband is on H1 visa..My husband has just filed the I 140 in the Green Card process...I have received admission in Loyola University for Fall 2009..I wanted to change my visa from H4 to F1 so that I could work oncampus and later on can use CPT /OPT...I plan to go to India in Dec 2009.. Is it a risk to get my F1 visa stamped when I am in India..Someone suggested that I come back from India and then change my H4 to F1..


Asked on 7/15/09, 11:24 am

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: H4 visa to F1 Visa

Dear Inquirer:

You may be admitted to school to study on H-4 status and do not need F-1 status for that purpose. Since your husband has an I-140 pending, you technically may be considered an intending immigrant, for which an F-1 visa is not available. Since an H visa holder may be an intending immigrant, I recommend that you retain your H status.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 7/15/09, 6:08 pm


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