Legal Question in Immigration Law in Maryland

gap between F1 and H4 visa

My F1 visa will expire by 09/01 and my H4 (already approved) won't be effective until Oct. So should I change the F1 to F2 for this one month gap or just stay doing nothing?


Asked on 6/15/07, 12:44 pm

1 Answer from Attorneys
Thomas Brown Law Office of Thomas K. Brown, LLC

Re: gap between F1 and H4 visa

I guess I'd want to know exactly what's expiring on 9/1. F-1s can be issued for duration of status, meaning that as long as you're maintaining a full course of study working towards a degree, you're in status. Is the date stamped in your I-94 9/1 or is it "D/S"?

A common problem is for people in their 1 year period of Optional Practical Training following graduation, a lot of which seem to expire on 9/1. Is this your case? There is a 60-day grace period following expiration that can "bridge the gap." You may be fine just doing nothing but of course you wouldn't be able to work.

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Answered on 6/15/07, 3:02 pm


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