Urgent: Any Negative Consequences of Frequent Change of Status

[TA1234 0]

Hello all,

 

Here is my situation:

• I and my spouse are currently on F1-OPT 
• My OPT ends soon and my spouse are eligible for H1B Cap-exempt and premium processing
• My spouse is planning to apply for a green card within a year
• I am hoping to get a graduate school admission starting early 2018

 

I have a question regarding the change of status:

1. Does frequent visa changes have any negative consequences in terms of applying for a green card later?
   1. I am on F1-OPT but it ends soon so I am considering about changing to F2 visa
   2. However, my spouse is planning to process her H1B in this Fall, then I need to file H4 application
   3. If I get an admission from a school, I would need to change my visa to F1 again to get an assistantship
   4. Therefore, for the longest scenario, I will be changing F1-OPT (current) -> F2 -> H4 -> F1 in a next few months
   5. Would this affect the green card process in the future?

 

Thanks for your time and consideration

 

 

[tato2017 41]

i dont think it will have any affect but I think you should remain on H4 then F1.  With H4 you can still continue school (pay local resident fee)  etc also be able to work.

[TA1234 0]

@ tato2017 Thanks for your input. I can continue school with H4 but I would not be able to apply for an assistantship. That is why I am considering about going back to F1, if it is possible.

[xillini 71]

Technically, there should be no problem for frequent change of status in AOS.

 

However, now that USCIS officially publishes all employment-based AOS will be interviewed, the USCIS immigration service officers in field office who will adjucate your case may not well be aware of complicated visa rules, so it gives them confusion, meaning that it may delay the processing timeline. Apparently, USCIS does not detail how and what they will proceed to interview, so I am assuming that USCIS was just told by WH that just do it, but no detailed instructions (that is what government employees do, just do what you are told) 

 

Like we live under the era of uncertainty, it is hard to reasonably expect what implications of USCIS's new policy that all employment-based interviews will be mandatory will affect, which is only reasonable expectation within certainty. 

 

So the bottom line is that you make sure all the copies of your immigration status and circumstances so that upon requested, you can prove your status

Edited August 31, 2017 by xillini