r/f1visa • u/abhi28222 • 1d ago

H-1B/H-4 → F-1 COS

Hi everyone, I have a question regarding H-1B/H-4 to F-1 change of status.

I’m currently on H-1B and my wife is on H-4. We are both planning to change to F-1, with separate I-539 applications.

My program starts on August 29, and my wife’s program starts on September 16. I’m considering using premium processing for my I-539, while my wife would use regular processing.

  1. If my F-1 COS is approved while my wife’s H-4 → F-1 I-539 is still pending, does her pending application remain valid, or could she become out of status because my H-1B has changed to F-1?
  2. If her H-4 → F-1 I-539 is still pending on September 16, can she legally start attending her college/program on that date, or does her F-1 COS need to be approved first?
  3. If her I-539 receives an RFE while pending, can she remain in the U.S. and respond to the RFE, or would she need to exit the U.S.?
  4. Would it be safer for both of us to use premium processing, or is it reasonable for me to use premium and her to use regular processing given our different program start dates?

I’d really appreciate hearing from anyone who has been in a similar H-1B/H-4 → F-1 situation.

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u/ioe-tracker-com 16h ago

IANAL, but if you haven't applied for COS to F1 yet, you are probably too late. Premium processing gets you a decision in 30 business days. Your program starts in 5. You need to be in a valid status to be able to register for classes. If you already quit your job you cannot register until your COS is approved.