By the Staff of New York Immigration Attorneys
The Law Offices of Spar & Bernstein
http://www.4immigration.com/
Question: I have been on H-4 for almost three years now, and starting my MS (on H-4 status itself) in the Spring. But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
1. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school?
2. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?
3. If I want to start working as a grad assistant from the Fall semester, do I have enough time to apply for a change of Status through USCIS? Will I get an approved F-1 by then?
Spar & Bernstein:
1. No. An I-539 is used if you want to change status within the U.S.
2. You need to check with your school about CPT. The requirements for OPT as I recall are two full semesters on F-1.
3. No one can predict that. Sorry.
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