Kid COS H4 To F1: What if primary H1B extension denied

Hi Everyone,

Here is case background. I am working on H1B visa. Current visa status is valid till March 2020. And my son is on H4. My son is dependent on me. His visa status is also valid till March 2020. As on date i.e. Oct 19 his age is 19 yrs and 7 months. Currently he is studying in Community College. And his associate degree will finish by May 2020. But his plan to study more and planning to apply some recognized university.

I see that current H4 to F1 processing time is around > 15 months. So my plan is to apply for his F1 in next month i.e. Nov 2019. And he can continue to study. So he should not depend on my H1B extension.

Below are my questions

  1. Can my son stay in USA if my (primary visa holder) H1B extension get rejected? as my son’s F1 already in process?
  2. What is my son’s visa status? if my H1B extension denied or his H4 extension get denied?
  3. Is my son need to leave or travel outside USA and re-apply for F1 visa for further study?
  4. Is H1B extension and H4 extension consider separately? Even applied at same time.

Thanks,

Yash

Hi @yash4dotnet

Its a tricky situation. H4 is entirely dependent on H1B. If H1B extention is denied, H4 extention will be denied too.

H4 cannot stay in US without H1B on its own.

My suggestion for your son would be to leave US if H1b and H4 are denied and then apply F1 visa at US embassy.

This would be better to avoid status issues which have the potential of spoiling do future chances.

Hi Anil,

Thanks for this clarification. So my understanding even if F1 is in process still he need to go out of USA.

Is this correct statement?

Thanks,
Yash

Legally, he can stay as he has filed COS. But, my suggestion is to not stay.