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H4 Visa

Eligibility

✓ Spouses and unmarried children under 21 years old of H-1B, H-1B1, H-2A, H-2B, and H-3 visa holders.

The validity of the H4 visa is directly linked to the primary visa holder's employment status. H4 visa will loss its validity when:

  • H1B loss Jobs: If the H1B visa holder loses their job, the H1B worker and H4 dependents may receive a discretionary grace period of up to 60 consecutive calendar days, or until the end of their authorized stay, whichever is shorter.
  • Divorce: If H-type primary visa holder divorce H4, H4 loss its visa status. There is no grace period after divorce is finalized, H4 holders are expected to leave the country immediately.
  • Reached Age Limit: Dependent children must switch to a different non-immigrant visa, such as the F1 Student Visa, upon turning 21 to remain in the U.S.

Residency 

✓ as long as their corresponding H1B or other primary visa holder remains gainfully employed.  


Travel & Reentry 

✓ as long as their corresponding H1B or other primary visa holder remains gainfully employed.


Employment 

 ✓ with EAD card

Certain H4 spouses may apply for an Employment Authorization Document (EAD) if the H1B holder has an approved Form I-140 or has received an H1B extension under qualifying AC21 provisions.


Education

✓ Full-time/Part-time

✓ In State Tuition Rate

H4 visa holders are allowed to study in the U.S., either as full-time or part-time students. Whether they qualify for in-state tuition, however, depends on the specific policies of the state and educational institution. 

F1 Visa

Eligibility 

In order to be qualified for having F1 status, one must enrolled at a SEVP-certified US education institution as full-time students.

In order to maintain one's F1 status, F1 holder must: 

  • Maintain a valid I-20 : Always keep track of your I-20's expiration date and ensure it doesn't expire. Before leaving the US, make sure to obtain a travel signature. Additionally, you will need a new I-20 if there are changes such as your degree level, major, funding source, or if you alter the number of F-2 dependents. 
  • Enrolled Full-time: Undergraduate students generally must enroll in at least 12 credit hours each semester. For graduate students, the number of credits required for a full course of study is determined by the school and certified by the Designated School Official (DSO). 
  • Work only with authorization
  • Abide by grace period

Residency 

✓ while maintain F1 status


Travel & Reentry

✓ F1 students generally need a valid F1 visa and a Form I-20 with a valid travel signature to reenter the U.S. If you changed from H4 to F1 status inside the U.S., you will generally need to apply for an F1 visa at a U.S. embassy or consulate after leaving the country before returning.


Employment

✓ On-Campus Employment: up to 20 hours per week during the academic term and full-time during breaks, providing practical experience and financial support.

✓ Optional Practical Training (OPT): 12 to 36 months with EAD card

✓ Curricular Practical Training (CPT): During their study period; no EAD card is required


Education 

✓ Full-Time

F1 students generally must maintain a full course of study. However, a Designated School Official (DSO) may authorize a reduced course load in certain circumstances, such as qualifying academic difficulties, medical conditions, or during the student’s final term.

Why Change of Status from H4 to F1

Get Work Authorization Faster

H4 visa holders facing delays in obtaining an Employment Authorization Document (EAD) may consider an H4 to F1 change of status. After F1 status becomes effective, eligible students may work on campus and participate in CPT if the training is part of the curriculum and authorized by the school’s DSO.

H1B Laid Off

The H4 visa depends on the status of the H1B holder, while the F1 visa offers independence, linking your U.S. residency to your academic progress rather than a relative's employment status. This grants greater stability and control over your career and residency in the U.S.

If an H1B holder, such as a spouse, is laid off, they can switch to an F2 visa based on your F1 status, maintaining their legal residency while searching for new employment. This transition to an F1 visa enhances both career and residency stability in the U.S.

 

 

 
Divoce

Once a divorce is finalized, individuals on an H4 visa do not have a grace period and must leave the U.S. immediately. Therefore, if you are on a dependent visa and facing divorce, and wish to remain in the country regardless of the outcome, we recommend applying for a change of status before the divorce is finalized.

 

Turning 21 Years Old H visa dependent children will lose their H4 status once turned 21 years old. In order to stay in the US legally, they will have to apply for a different non-immigrate visa. F1 is the most common choices.  

Can You Change Status from H4 to F1?

Yes, as long as you fulfill the following prerequisites:

  • in lawful status at the time of application.
  • must not have any unauthorized employment history in the U.S.
  • should not abandon their nonimmigrant intentions.
  • seeking to change to F-1 status must demonstrate sufficient financial resources to cover living expenses and tuition.

Day 1 CPT Free Consultation

H4 to F1 Change of Status Steps

1
Get Admitted by a SEVP-Certified University

Beginning your journey from an H4 to F1 visa status, the foremost step is to secure an acceptance letter from a college or university. It's crucial to select schools known for their outstanding support for international students, providing a wealth of resources and detailed guidance through the visa transition process. Considering the common reasons for the H4 to F1 Change of Status (COS) and the time-sensitive nature of this change, Day 1 CPT universities stand out as the best options. Their benefits include:

  • six start dates annually
  • competitive tuition fees
  • CPT eligibility from the first semester when the graduate program requires practical training and the DSO authorizes it.

 

2
Apply for Change of Status (COS) from H4 to F1

Complete form I-539 online and submit the following supporting documents:

  • Acceptance letter & I-20; 
  • SEVIS fee receipt
  • Recent I-94 copy
  • Passport copies (including visa stamps)
  • Previous I-797s (if H4 was extended in the US)
  • Proof of financial capability 
  • Letter stating reason for change of status.
  • Marriage Certificate
  • Spouse's documents: Passport copies, recent I-94, last three pay stubs, and a cover letter if they're covering education fees.
3
Request for Evidence (RFE)

Occasionally, applicants for a Change of Status (COS) might receive a Request for Evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS). 

USCIS may issue a Request for Evidence (RFE) if additional documents or information are needed to decide your H4 to F1 change of status application. If you receive an RFE, respond by the deadline and provide all requested evidence.

It's crucial, therefore, to ensure your application is complete and includes all necessary documentation from the outset.

CPTDog provides a complete Change of Status service at a flat rate, covering RFE responses without additional charges for a seamless experience.

H4 to F1 Change of Status Cost and Processing Time

Cost

  • On-line Submission: $420
  • Submit by mail: $470
  • Premium Processing: $2,075

Processing Time

  • 3 - 8 months with no RFE
  • 12 - 16 months with RFE
  • 30 working days with premium processing

How Can CPTDog Help?

Transparent and Affordable Pricing

We believe in clear and straightforward financial dealings. Unlike the hourly rates charged by many law firms, GoElite offers a flat fee of $1,500. This transparent pricing model eliminates any surprises and helps you budget effectively for your visa application process.

 
Strong University Affiliations

CPTDog is affiliated with over 25 accredited Day 1 CPT universities across the United States. These partnerships underscore our credibility and established presence in the academic and immigration sectors, making us a trusted choice for your educational and visa needs.

 
Complimentary Consultation Services

Get started on your educational journey with a free consultation from CPTDog. Our experts will help you identify the perfect Day 1 CPT program that fits your academic and career aspirations, ensuring you make the most informed decision.

 
Financial Assistance Benefits

We offer significant financial benefits to ease your educational expenses:

Application Fee Waivers: Reduce your upfront costs with waived application fees at participating universities.
Scholarship Opportunities: If you meet specific criteria, you might be eligible for scholarships.
 
Expedited Service Options

For applicants facing tight deadlines or needing quicker processing, GoElite provides expedited services. Request our fast-track assistance to speed up your application and Change of Status process, ensuring you meet your timelines without hassle.

 
You Ask, We Answer

H4 to F1 FAQ

What happens if my application to change status is denied?

If your H4 to F1 change of status application is denied, you may continue to remain in H4 status if your H4 status is still valid. If your authorized H4 stay has expired, you may need to leave the U.S. or determine whether another immigration option is available.

Can I travel outside the U.S. during my change of status process?

If you leave the U.S. while your H4 to F1 change of status application is pending, USCIS will generally consider the change of status request abandoned. If you need to travel, you may instead need to apply for an F1 visa abroad before returning to the U.S. in F1 status.

What’s the cost for H4 to F1 change of status?

Change of Status Petition (I-539): $420 - $470

SEVIS Fee: $350

Premium Processing: $2,075

Lawyer Fee: $200 -300 / hr, usually takes 3-8 hours depending on the case. 

University Application Fee: $50-250

 

What is the current processing time for H4 to F1 change of status?

Without Primary Processing: 3-6 months

Primary Processing: 1 month

USCIS assigns your petition to a service center based on the specific type of filing. Petitions received at USCIS lockbox locations are then routed to the nearest service center. After receiving your petition, USCIS will issue a receipt notice indicating the service center responsible for processing your case.

*For an up-to-date estimate, see the USCIS Case Processing Times.

How Long Before You Can Start Working on CPT After Changing Status from H4 to F1?

Understanding the timeline from H4 to F1 status change to employment under Curriculum Practical Training (CPT) is crucial for planning your career transition in the U.S. Here’s a step-by-step guide to how you can begin working on CPT within approximately 2 to 2.5 months, assuming optimal conditions:

Week 1: Initial Consultation and University Application

  • Consultation: Start by booking a free consultation with our experts who will assist you in selecting a school that aligns with your academic and professional goals.
  • Application: With our guidance, apply to Day 1 CPT universities. Our expedited service option can help you receive an offer within three business days.

Week 2: Acceptance and Initiation of Change of Status

  • School Offer and I-20: Once you receive your school offer and I-20 form, we will help you initiate the Change of Status (COS) process.

Weeks 3 to 7: Processing Your Change of Status

  • COS Completion: If you opt for Premium Processing (PP), the COS can typically be completed within about a month, granting you your F1 status.

Week 8: Enroll and Apply for CPT

  • Course Enrollment: Enroll in the program and select courses eligible for CPT.
  • CPT Application: Apply for CPT authorization, ideally having secured a job offer by this point.

Week 9: Start Working

  • CPT Authorization: Receive your CPT authorization and begin your employment.

Additional Considerations: It’s important to note that the timeline depends on the school’s academic schedule. CPT cannot commence until the start of the course designated for CPT.

Can I enroll while my COS is pending?

You can enroll and study while your H4 to F1 change of status application is pending, as H4 status generally allows full-time or part-time study. However, you cannot use F1-specific employment benefits such as CPT or OPT until your F1 status becomes effective and you meet the applicable eligibility and authorization requirements.

What if my H4 status is about to expire?

If you file your H4 to F1 change of status application before your H4 status expires, you may generally remain in the U.S. while USCIS reviews your application. If your H4 status expires while the F1 change of status is pending, you are not required to file a separate H4 extension just to “bridge” the gap before your F1 status begins, as long as your H4 status was valid when you filed and you otherwise remain eligible for the change of status.

Can I change to F1 from H4 and my spouse change to F2 from H1B at the same time? Absolutely. This scenario might arise for some individuals when the initial H1B visa holder faces job termination. The H1B individual must then transition their visa status to F2 after the original H4 visa holder switches their status to F1. In this dynamic, roles are reversed: the dependent becomes the primary visa holder, while the former primary visa holder takes on the dependent role. It's possible to process both applications concurrently, but this is only feasible through mail submission, as online applications currently do not support combined filings. Given the intricacies of these proceedings, seeking legal guidance is highly advisable.

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