boucuop

I just knew that I was out-of-status from May 1 in F1.
Can I transfer to H4 inside the United States at this point?

Thank you for your expertise.

Noorah101

Are you married to an H1B holder?

ian-mstm

Yes - all you should need is proof of your husband's H-1B status and a copy of your marriage certificate. Realize, that if you change status inside the US, you will be landlocked. Your H-4 will not be valid for travel unless you leave the US and get the visa stamped on re-entry.

Ian

boucuop

Thank you again, Ian.
But the International Student Office told me that I cannot change my status inside the US as I am out of status.
Besides, my husband's H-1B will take effect on Oct.1.

ian-mstm

In an earlier post, you mentioned you were trying to get reinstated.


At which point in time, your prior status won't matter.

For future reference, please keep all your posts in a single thread... it's hard enough keeping track of what people are doing without having to hunt around for information on what happened before.

Ian

boucuop

It seems I cannot reinstate due to lack of financial guarantee, as you mentioned.


So I can apply for H4 now, even on the condition that my husband's H-1B does not take effect until Oct. 1?


I sorry for the inconvenience. I will do that in the future.

crg

What status does the spouse have right now?

meauxna

No! Your husband is not an H-1B until Oct 1 2009.

Today, he's whatever he is today. Including outside the US?
Why don't you just leave for a little bit and come back in the fall?

ian-mstm

She's an out of status F1, and her husband is currently on OPT.

Ian

boucuop

Thank you for the clarification.
My husband wants me to have the status changed inside the US to avoid troubles as we have a 2-year-old son.

crg

Well, you can't change status when you have no status to change from. You either get reinstated or you depart and apply for an F-2 or H-4 visa prior to returning. I wouldn't dawdle. You're subject to arrest until one of those things happen.