H4 to F1 COS- 90 day rule

(pal) #1

I applied my change of status from H4 to F1 couple of months ago. the time gap between port of entry as a H4 and COS F1 application is 75 days.

is 90 day rule applicable for H4 to F1 COS or not?
if applicable how to keep my H4 status with out any issues. I have my H4 visa validity until October 2020.

Please advise me

Thank you.

(Anil Gupta) #2

Ideally, you should apply ‘change of status’ on 91st day or after to avoid the preconceived intent clause coming into the picture.

Since, you applied on 75th day, it is possible that they may question your intent.

The chances are 50-50 though as change of status is worked on by USCIS and the 90 day rule is observed by DOS (Department of state).

If USCIS feels that your intent was really to get F1, then they may refer your case to DOS for further investigation.

(Anil Gupta) #4

If they do find your intent to be wrong and deny your COS, then yes, there would be questions asked later too with your H4.

You have already applied for it and it’s in their system now. I think you can wait for the result now or talk to an attorney and see if they can help.

(Anil Gupta) split this topic #6

A post was split to a new topic: Apply change of status from H4 to F1 for OPT