Legal Question in Immigration Law in Washington

Re: H4 to F1 visa while in US

Based on your question, you have to be very careful in your wishes because you might be charged with preconceived intent at the time of changing the status to F-1 if your PERM application will be approved and I-140 petition filed with the USCIS. It could have very detrimental consequences. Depending on what category your PERM is filed, you might not need to file for F-1 to begin with. If your labor cert is in the catogery EB-2, you and your wife will be able to get the Employment Authorization documents sooner than she becomes eligible for OPT. Otherwise, it doesn't matter what the starting date of the I-20 is. The sooner you file, the sooner it should be approved, etc.

If this is so important for you, I do not think you should prepare the filing without the help of an attorney and, therefore, I do not list the documents you have to file for F-1.

This is a link to determine where you have to file the change to F-1 https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=SC. Just go to the bottom of the page to find the locator. It shows that your Service Center is Nebraska. This link is for processing times https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bacnQwmZei9gE-EUUkC5r?type=serviceCenter.

As you can see, you still have unanswered questions because some information is missing but I hope you have an idea now.

Re: H4 to F1 visa while in US

Hi. My major concern with your matter is that since there is a Perm filing indicating an intent to remain here permanently, your wife may have a problem obtaining the F-1 which indicates that she will return to India after her studies. PERM and F-1 don't mix. I am not saying it is impossible, I am just saying that it is extremely difficult.

As for where to file, you need to see the USCIS rules on their website because there are specific filing guidelines. You can't just choose where you will file. Please contact us if you have any additional questions.