Legal Question in Immigration Law in California

Hi,My Change of Status application from H4 to F1 is pending with USCIS and it\'s been 2 months and a week(applied on may 31) . Since my h4 status expires on aug 20 , I need my F1 visa by that time in order to join the classes. I called the customer care and found that the last processed case was May 2nd. Can i expedite my case to USCIS stating the above reason ?

Asked on 8/06/13, 2:08 pm

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

An H-4 can attend school, so there was no reason to apply for a change of status, unless your spouse is not eligible for an H-1B visa extension after 8/20/2013.

Did you consult with the attorney who filed your spouse's H-1B visa before you filed?

You cannot premium process an I-539 petition, so I do not see that USCIS would otherwise expedite your case.

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Answered on 8/06/13, 2:18 pm

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