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cancer24
04-22-2019, 08:36 PM
Need expert opinion on my situation or someone's experience who had been through this -

My PD is Jan-11 (I-140 approved, no EAD) and with the current situation it is quite uncertain when it will become current. However our kids don't stop growing and my child will be enrolling in college this fall. Would it be good idea to convert him from H4 to F1 or take a chance and keep him in H4? As we know H is a duel intent visa whereas F is not. What if I become current when the child is still on F1? Will I be able to file COS for a F1 dependent?

I am aware of the OPT/CPT related challenges and but not too worried about In-state tuition or scholarships.

Of course, I am consulting with my attorney but looking for second opinion as well.

qesehmk
04-24-2019, 11:43 AM
Need expert opinion on my situation or someone's experience who had been through this -

My PD is Jan-11 (I-140 approved, no EAD) and with the current situation it is quite uncertain when it will become current. However our kids don't stop growing and my child will be enrolling in college this fall. Would it be good idea to convert him from H4 to F1 or take a chance and keep him in H4? As we know H is a duel intent visa whereas F is not. What if I become current when the child is still on F1? Will I be able to file COS for a F1 dependent?

I am aware of the OPT/CPT related challenges and but not too worried about In-state tuition or scholarships.

Of course, I am consulting with my attorney but looking for second opinion as well.

I always thought that he can avail OPT even on H4. If true (which i believe it is) why fix something that is not broken! Good luck with this decision and GC.