> Discuss Your Legal Issue > Ask a Lawyer > Immigration > Is the process of conversion of status from H4 to F1 easy and if so is it necessary to get F1 visa as well?

Is the process of conversion of status from H4 to F1 easy and if so is it necessary to get F1 visa as well?

1 Answers. Asked on Mar 14th, 2017 on Immigration - California
More details to this question:
I am going to get married to my fiancee who is currently on H1B visa in US. Post marriage, how should I join him? With H4 visa, then after a year apply for F1 status or apply for F1 visa from the beginning? Which way is safer, and would lead me to living an independent life in terms of work and study options. Please suggest which way is safer? Conversion from H4 to F1 is it easy to get it done.
Answers Showing 1 out of 1
Answered on Apr 13th, 2017 at 8:33 AM

If you are overseas, your then husband is holding H-1B status, and you wish to join him, you would likely do so under an H-4 visa as that is more likely to be approved by a consular officer than an F-1 visa . After being in the U. S., you could make an application to change status to F-1 student. The conversion from H-4 to F-1 status with U.S.C.I.S. in most cases should not be a problem. The question of whether to later obtain an F-1 visa rather than just being satisfied with the F-1 change of status depends upon your need to travel. Both H-4 and F-1 would allow you independence in terms of study options.  For work, you would need the permission of the school for curriculum practical training and of U.S.C.I.S. for optional practical training under F-1, and your husband would have to either have an I-140 petition approved or be eligible for continuation of the H-1B past 6 years for you to obtain work permission from USCIS. Due to the limitations of the Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Report Abuse
Regardless of your situation, U.S. immigration law can be confusing. Are you seeking to come to the United States for pleasure, business or to attend school? Do you want to stay here just temporarily, for a longer period of time or live here permanently? Are you a permanent resident or seeking citizenship? If you want to come to the United States, immigration lawyers can help determine your eligibility for various types of visas and guide you through the application process. If you've already arrived in the United States, an immigration attorney can determine whether you're eligible for permanent residency and if you can bring family members into the country to live with you. Immigration law firms can also work with individuals who have entered the country illegally, overstayed their visas or violated the conditions of their visas and are facing removal or deportation proceedings.
Have an Immigration Question?
It’s Free & Easy.
Ask a Lawyer
Top Contributing Lawyers
Mark Tischhauser, Esq.

Attorney - Florida

329 Answers, 20 Legal Topics

Patrick Johnson

Attorney - Tennessee

242 Answers, 45 Legal Topics

Michael D. Siegel

Attorney - New York

142 Answers, 23 Legal Topics

Michael E. Fiffik

Attorney - Pennsylvania

109 Answers, 19 Legal Topics

Lori Nevias

Attorney - New York

85 Answers, 37 Legal Topics

Edward J. Dimon

Attorney - New Jersey

82 Answers, 19 Legal Topics

Bruce Robins

Attorney - New York

79 Answers, 8 Legal Topics

Immigration Local Law Firms  
In United States change location
Please select state Update
Law Offices of David Gouiran

Staten Island, NY

| Contact Now

Barnett Law Group PLLC

Houston, TX

| Contact Now

Do It Yourself Legal Forms

Popular Forums