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H4-F1 change of status,urgent help needed

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  • H4-F1 change of status,urgent help needed

    hi all,

    i am in a very hard situation.kindly please is very very important & urgent..

    I came to usa on H4 5 years ago..I am on EAD now,prority date being mid 2010, under EB-2 category.

    unfortunately..things didn't workout between me & my spouse. we are getting divorced.Divorced was filed 3 months ago & the process is still going on.he is giving me hard time in not providing any kind of visa status or financial support to stay in the country atleast till I get into a job or university etc.
    He is trying to harass me,trying his best so that I should leave the country & not get any privileges of LPR or GC provided thorough his employment.

    I am applying for a change of status from H4 to F1..(My divorce attorney told that i have to change my visa status to stay in the country)

    just couple days ago, I got I-20 from a university/college to get graduated in a small course for time being.

    my concerns are
    1)my H4 visa status is going to expire in 1st week of January.As per my knowledge,it takes 2-3 months to get change of visa status.what should I do meanwhile?should I leave the country or just stay on I-20 & start attending the course classes?

    2)I am little confused about filling some columns in form I-539..particularly column 3,
    a)are you or any other person included on the application, an applicant for immigrant visa?? YES or NO
    b)has an immigrant petition ever been filed for you or any other person included in this application??YES or NO
    c)has Form I-485 ,application to register Legal Permanent Status or Adjust Status ,ever been filed by you or any other person included in this application??YES or NO.
    What should I answer to above questions..

    3)what are the chances of approval/denial of the visa?

    while I was on H4 my husband applied for my EAD,Green Card through his employer..Now that the divorce procedure is going on, Expecting a Green card or rather a valid visa from him,to stay in usa is a negligible option.hence i am working on my F1 status.

    I am just too confused of what to do.
    some one suggested I apply for a tourist visa meanwhile I get f1..

    I wish I could hire an immigration attorney & help me get through this...I am so running out of funds to feed attorneys fighting my divorce case, feed myself,pay for my living expenses etc..
    fortunately, my family back home is help me..

    I have made arrangements to fund for my education by taking loan from couple of my cousins living in USA.

    kindly suggest me something?? what should I do,what else can I do??

    I am so confused,tired of searching for solutions..I am running out of time & options



  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall- (Dec 8th)


      • #4
        I think you have 90 days Grace for change of status.. prob you wiil be fine... best of luck...


        • #5
          First you should apply for change of status for f1. It will helpful for u to stay legal
          Into usa upto get decision from uscis. Remember never provide wrong information to uscis. They know everything whats going with you. So please take a advice from school or attorney while filling the I539 form. According to me you should say yes for column 3. One
          More thing u can do is apply business visa(visiting visa) . All the best done be panic.


          • #6
            It is better to apply for change of status when u ve visa.


            • #7
              Hi ,I am sorry to know about your situation. First of all, Get a grip on yourself , things will eventually work out. In any case you have to change your status either here in US or your home country. If you are planning to do it here, you need to maintain your status until you get your change of Status. In some case, you can also maintain your status once USCIS send you receipts after they have your docs, but I am not very sure about that. You can call USCIS and ask about that. Hope this helps.


              • #8
                Apply for cos, as long as uscis receives your docs and acknowledge with a receipt number you should be fine till cos decision is made. Try posting in Murthy forum.


                • #9
                  2.a answer is NO
                  2.c answer is NO
                  I couldn't understand 2.b
                  If your questions is this

                  Are you or any other person included on this benefit request the beneficiary of any other non immigrant or immigrant application or petition
                  Answer is NO
                  If it is not then tell me your question again


                  • #10
                    2c if u have ead it would cause denial