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Can my son change his visa from H4 to student?

Can my son change his visa from H4 to student?

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Old May 3rd 2006, 9:52 pm
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Default Can my son change his visa from H4 to student?

Hi - we have been here nearly 3 years now - my husband on H1b and myself and 2 kids on H4. We have now pretty much decided to make the move back home as we cannot make it work on one wage. Now however, after spending pretty much the last 2 years wanting to go back to the UK, my son has decided he likes it here now. He is due to graduate this month but still has one year left to go on a 2 year welding course. He has decided he wants to stay even if we go home. Great! Lots of people are telling him various stories about how he can go about it but I am not so sure it will be that easy. Obviously I don't want him to stay here but he is 18 so I can't really stop him. My main question is, if we go home will he be able to change his status or will he have to go home and re-apply. Also, can he work on a student visa? He also has ideas of joining the US Navy. Again, people have told him its an easy route to a Green Card but I don't think that is the case. I wish people would butt out if they don't know the facts so I am trying to find some out for myself to give him. Any help would be appreciated. Thanks. Jan
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Old May 3rd 2006, 10:17 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Jan in Arizona
....My main question is, if we go home will he be able to change his status or will he have to go home and re-apply. Also, can he work on a student visa? He also has ideas of joining the US Navy. Again, people have told him its an easy route to a Green Card but I don't think that is the case. I wish people would butt out if they don't know the facts so I am trying to find some out for myself to give him. Any help would be appreciated. Thanks. Jan
don't really know about changing status to F1...but as a student, will only be allowed to work on campus for the first year, and after that, it's only part time...as for joining the armed services, have to be a permanent resident first, signing up just means you can apply for citizenship sooner if your posted on active service....
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Old May 3rd 2006, 11:20 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Jan in Arizona
Hi - we have been here nearly 3 years now - my husband on H1b and myself and 2 kids on H4. We have now pretty much decided to make the move back home as we cannot make it work on one wage. Now however, after spending pretty much the last 2 years wanting to go back to the UK, my son has decided he likes it here now. He is due to graduate this month but still has one year left to go on a 2 year welding course. He has decided he wants to stay even if we go home. Great! Lots of people are telling him various stories about how he can go about it but I am not so sure it will be that easy. Obviously I don't want him to stay here but he is 18 so I can't really stop him. My main question is, if we go home will he be able to change his status or will he have to go home and re-apply. Also, can he work on a student visa? He also has ideas of joining the US Navy. Again, people have told him its an easy route to a Green Card but I don't think that is the case. I wish people would butt out if they don't know the facts so I am trying to find some out for myself to give him. Any help would be appreciated. Thanks. Jan
You are allowed to change status from H-4 to F-1 which also allows one to receive financial aid from the school, something prohibited under H-4. If a COS is granted, he will get a new I-94 and authorized period of stay. However, if it is denied, he will have to leave the country and apply for a F-1 visa outside the US and re-enter with the F-1.
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Old May 4th 2006, 1:14 am
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Default Re: Can my son change his visa from H4 to student?

Jan in Arizona wrote:
    > Hi - we have been here nearly 3 years now - my husband on H1b and myself
    > and 2 kids on H4. We have now pretty much decided to make the move back
    > home as we cannot make it work on one wage. Now however, after spending
    > pretty much the last 2 years wanting to go back to the UK, my son has
    > decided he likes it here now. He is due to graduate this month but
    > still has one year left to go on a 2 year welding course. He has
    > decided he wants to stay even if we go home. Great! Lots of people are
    > telling him various stories about how he can go about it but I am not so
    > sure it will be that easy. Obviously I don't want him to stay here but
    > he is 18 so I can't really stop him. My main question is, if we go home
    > will he be able to change his status or will he have to go home and re-
    > apply. Also, can he work on a student visa? He also has ideas of
    > joining the US Navy. Again, people have told him its an easy route to a
    > Green Card but I don't think that is the case. I wish people would butt
    > out if they don't know the facts so I am trying to find some out for
    > myself to give him. Any help would be appreciated. Thanks. Jan

As a dependent on H1, he egts instate tuition. When he switches to F1,
he will pay non-resident rate. And it's not cheap. If he can find a way
to get instate, like scholarship, etc. it would help.

    >
    > --
    > Posted via http://britishexpats.com
 
Old May 4th 2006, 1:17 am
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Default Re: Can my son change his visa from H4 to student?

NCTarheel wrote:
[..]

    > You are allowed to change status from H-4 to F-1 which also allows one
    > to receive financial aid from the school,

Must show hardship though, right? And only a little bit? Best is to
try scholarship that if a studen gets a rewrad of $1000, the school
rewrads instate tuition.

    > something prohibited under H-
    > 4. If a COS is granted, he will get a new I-94 and authorized period of
    > stay. However, if it is denied, he will have to leave the country and
    > apply for a F-1 visa outside the US and re-enter with the F-1.
    >
    > --
    > Posted via http://britishexpats.com
 
Old May 4th 2006, 3:12 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Amanda
NCTarheel wrote:
[..]

    > You are allowed to change status from H-4 to F-1 which also allows one
    > to receive financial aid from the school,

Must show hardship though, right? And only a little bit? Best is to
try scholarship that if a studen gets a rewrad of $1000, the school
rewrads instate tuition.

    > something prohibited under H-
    > 4. If a COS is granted, he will get a new I-94 and authorized period of
    > stay. However, if it is denied, he will have to leave the country and
    > apply for a F-1 visa outside the US and re-enter with the F-1.
    >
    > --
    > Posted via http://britishexpats.com
Thanks everyone for your replies. I was talking to my son last night and he seems adamant that he wants to join the US Navy asap - he has been fed a load of "info" from various people about how if he does 20 years he can be retired by the time he is 40 and have his own business and they get all these medical, dental, insurance etc perks. At 18 you think you know what you want for the rest of your life don't you - I did - I got married at 19 - divorced at 32! Oh well - these things are sent to try us. Thanks again. Jan
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Old May 4th 2006, 3:16 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Bob
don't really know about changing status to F1...but as a student, will only be allowed to work on campus for the first year, and after that, it's only part time...as for joining the armed services, have to be a permanent resident first, signing up just means you can apply for citizenship sooner if your posted on active service....
I've just re-read your post about needing to be a permanent resident first. In my panic attack and crying last night I must have missed it! Maybe there is light at the end of the tunnel after all - thanks! Jan
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Old May 4th 2006, 4:04 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Jan in Arizona
Hi - we have been here nearly 3 years now - my husband on H1b and myself and 2 kids on H4. We have now pretty much decided to make the move back home as we cannot make it work on one wage. Now however, after spending pretty much the last 2 years wanting to go back to the UK, my son has decided he likes it here now. He is due to graduate this month but still has one year left to go on a 2 year welding course. He has decided he wants to stay even if we go home. Great! Lots of people are telling him various stories about how he can go about it but I am not so sure it will be that easy. Obviously I don't want him to stay here but he is 18 so I can't really stop him. My main question is, if we go home will he be able to change his status or will he have to go home and re-apply. Also, can he work on a student visa? He also has ideas of joining the US Navy. Again, people have told him its an easy route to a Green Card but I don't think that is the case. I wish people would butt out if they don't know the facts so I am trying to find some out for myself to give him. Any help would be appreciated. Thanks. Jan
Hi:

One little detail missed in the other responses -- "welding school" does qualify for F-1.

On enlistment in the US Armed Forces -- that is in a grey area of military law. A colleague of mine who teaches military law at one of the Service Academies has noted that interpretation is all over the place and the various Services take differing interpretations.
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Old May 4th 2006, 4:08 pm
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Folinskyinla
Hi:

One little detail missed in the other responses -- "welding school" does qualify for F-1.

On enlistment in the US Armed Forces -- that is in a grey area of military law. A colleague of mine who teaches military law at one of the Service Academies has noted that interpretation is all over the place and the various Services take differing interpretations.
Just like everywhere else in the US it seems - i.e. if you don't get any success at the first MVD go to another - and it invariably works! Oh well....thanks anyway.
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Old May 4th 2006, 5:54 pm
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Default Re: Can my son change his visa from H4 to student?

Jan in Arizona wrote:
    > > NCTarheel wrote:
    > > [..]
    >[..]


    > Thanks everyone for your replies. I was talking to my son last night
    > and he seems adamant that he wants to join the US Navy asap - he has
    > been fed a load of "info" from various people about how if he does 20
    > years he can be retired by the time he is 40 and have his own business
    > and they get all these medical, dental, insurance etc perks.

He needs only 1 year to graduate and joining navy because of the
nebefits would be a hugh mistake. A kid I knew (he emigrated with his
old parents at age 18) was put in navy by then aging father who had
spent all his money (he was perty well off inhis days) on the boy's
much older sister, a physician in India.

The boy quit half way through, took a student loan and finished
college. When we asked, he said that it's not worth the risk and danger
to his life.


    > At 18 you
    > think you know what you want for the rest of your life don't you - I did
    > - I got married at 19 - divorced at 32! Oh well - these things are sent
    > to try us. Thanks again. Jan

    >
    > --
    > Posted via http://britishexpats.com
 
Old May 5th 2006, 3:30 am
  #11  
Voltes34
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Default Re: Can my son change his visa from H4 to student?

I think you are incorrect here.
Welding school falls under "vocational studies". The right visa for that is
M-1.

"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected] m...
    |
    | One little detail missed in the other responses -- "welding school" does
    | qualify for F-1.
    |
 
Old May 5th 2006, 3:40 am
  #12  
Voltes34
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Default Re: Can my son change his visa from H4 to student?

Correct, if he is not a Permanent Resident yet, he can't join the Navy!
If a PR enlists in the Armed forces of the U.S. he doesn't have to comply
with the 5-year or 3-year requirement to apply for citizenship.

Being a non-immigrant, seems like the Navy is still not an applicable route
for your son.


"Jan in Arizona" <member23283@british_expats.com> wrote in message
news:[email protected] m...
    |
    | I've just re-read your post about needing to be a permanent resident
    | first. In my panic attack and crying last night I must have missed it!
    | Maybe there is light at the end of the tunnel after all - thanks! Jan
    |
    | --
    | Posted via http://britishexpats.com
 
Old May 5th 2006, 4:05 am
  #13  
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Voltes34
I think you are incorrect here.
Welding school falls under "vocational studies". The right visa for that is
M-1.

"Folinskyinla" <member4043@british_expats.com> wrote in message
news:[email protected] m...
    |
    | One little detail missed in the other responses -- "welding school" does
    | qualify for F-1.
    |
Mea culpa -- it was typo -- I was thinking "does not" and left out the "not." You are correct.
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Old May 5th 2006, 4:54 am
  #14  
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Default Re: Can my son change his visa from H4 to student?

Originally Posted by Voltes34
Correct, if he is not a Permanent Resident yet, he can't join the Navy!
If a PR enlists in the Armed forces of the U.S. he doesn't have to comply
with the 5-year or 3-year requirement to apply for citizenship.

Being a non-immigrant, seems like the Navy is still not an applicable route
for your son.


"Jan in Arizona" <member23283@british_expats.com> wrote in message
news:[email protected] m...
    |
    | I've just re-read your post about needing to be a permanent resident
    | first. In my panic attack and crying last night I must have missed it!
    | Maybe there is light at the end of the tunnel after all - thanks! Jan
    |
    | --
    | Posted via http://britishexpats.com
That is the best news I've had for a long time - thanks so much - I won't tell him yet - maybe it's best if he finds out for himself then I won't be the baddy trying to stop him doing what he wants to do. Thanks everyone. I really appreciate your help. My husband has been telling me he would probably not get through the training anyway as he suffers with his knees after running but I don't trust anything going the way it should till its happened these days! Same as I won't believe he is actually graduating until it happens - I can't believe he won't find out until he has taken his last exam - 2 days before the ceremony - my nerves are shot to pieces this week! Jan
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