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gs01sfx
19th January 2004, 12:48
Dear Allan,
Could you pleas answer my 4 questions.
My friend have applied for F-1 status about 5 month ago (before this she had H4 status as wife of H1, but she divorced 4 month ago). She got I-20 from her school, but she did not got any paper from INS yet. Now her school is about to be over (it is school to study English) and she want to apply for H1 visa (she want to find a job). The questions are:
1) Is she eligible to apply for H1 visa before the decision about her previous status (F1 visa)
is made? If not, what are her options?
2) Must she continue to study in this english school antil she get approval of her F1 visa?
3) Is it possible for her to change school (she want to study paralegal in another school) before she get aproval of her F1?
4) Will she lost her legal status in the last day when her school will be finished or there is some "grace period", and how long is this grace period (if any)???
Thank you
Sergey

lawyer
20th January 2004, 10:44
1, No. You must be in currednt H-4 or F-1 status to apply to change to another status. She is not in current valid status. She is in "pending" status, and you cannot apply for a change of status from "pending" status.

2. Yes, if she wants to remain legal.

3. I can't answe that. She should check with the foreign student advisor of the New school to see if it can be done.

4. There is only a grace period if she is returning to her hom,e country. There is no grace period if she is applying to change hert status. You can only apply for a change of status if you are currently in some other valid status.

Good Luck, ALLAN SAMSON