F-2/ H-4/L-2 to F-1

This article explains the applicable situations and process for changing from dependent status (F-2/H-4/L-2) to F-1, followed by sharing a real-life case.

Applicable Situations

• Seeking Employment Opportunities: In most cases, certain dependent visas, such as F-2 and H-4, do not allow the holder to work in the U.S. Therefore, dependent visa holders may choose to change to F-1 status to pursue education or work opportunities.
• Attending College: F-2 holders cannot attend college in the U.S. In this case, they can consider changing from F-2 to F-1 status within the U.S., allowing them to start college without leaving the country for a visa interview.
• Obtaining Independent Status: An F-2 dependent's status will become invalid if the F-1 holder loses status, and H-4 status is tied to the H-1B holder’s employment. Thus, some dependent visa holders prefer to change to F-1 status to gain a more independent legal status in the U.S.

Application Process

Step 1: Apply to Schools and Get Accepted

First, apply to and get accepted by a school. After receiving your acceptance letter, apply for an I-20.

Step 2: Prepare Application Materials

• Form I-539 (How to Fill out Form I-539?)

• Explanation letter (explain how your trips in the U.S. inspired your motivation to study)

• Proof of funding (such as recent bank statements from the past several months)

  • Tuition and Living Expenses: You must show that you can cover one year of tuition and living expenses in the U.S. The exact amount for the first year will be presented on your I-20.

  • Third-Party Financial Support: If your parents, relatives, or friends are covering your expenses, you need to provide their income proof, recent transaction records, and a letter explaining how they will support your education costs.

• Acceptance letter

• Form I-20

• Passport biographic page
• Visa page
• Form I-94

• SEVIS fee receipt

• Marriage certificate or documents proving parent-child relationship

• Documents from spouse/parent (H-1B or F-1 holder), such as a copy of passport; recent I-94; and F-1 I-20 or H-1B I-797 Notice

• Additional supporting documents

• Form G-1145 (for electronic notification of application/petition acceptance) 

Step 3: Submit Application

You can submit your change of status application either online or by mail.

Fees

• Application Fee: $420 (online application); $470 (mail).

• Attorney Fees: Typically range from $1,000 to $2,000, depending on individual circumstances.

• SEVIS Fee: $350.

• Premium Processing Fee: $1,965.

Processing Time

The processing time for a change of status application usually ranges from 3 to 8 months; premium processing can guarantee a result within 1 month.

Real Case

Mrs. Wang, an H-4 visa holder, lived in the U.S. with her husband, who held an H-1B visa. During a wave of layoffs, her husband lost his job, putting both of their legal statuses at risk. During the 60-day grace period, while her husband continued to search for a new job, Mrs. Wang decided to change her status to F-1. She believed that even if her husband found a new job this time, future risks remained. With her own F-1 status, her husband could change to F-2 status if unemployed and change back to H-1B once he lands a job.

Amidst the economic downturn, Mrs. Wang’s decision to change her H-4 status to F-1 provided a safety net for both herself and her husband.

Mrs. Wang applied to an MBA program at a CPT school for greater time flexibility, and received her I-20 within a week. She then submitted a request for premium processing for her change of status. Three months later, she successfully enrolled in the school, got an internship, and began working under CPT.

Q&A

1. If I have studied in the U.S. for a year on H-4 status, can I still use CPT and OPT after changing to F-1 status?

CPT and OPT are work permits exclusive to F-1 students and are not affected by your previous H-4 status. However, According to USCIS regulations, F-1 students must complete at least one academic year of study in the U.S. before becoming eligible for CPT and OPT.

Therefore, if the duration of your program is 1.5 years, and you spend the first year studying on H-4 status and the remaining six months on F-1 status, you will not meet the requirement of studying for one academic year as an F-1 student. In this case, you will not be eligible for CPT or OPT. However, if your program is two years, and you change to F-1 status before the second academic year, you can meet the eligibility requirement for OPT after graduation, though you will not be able to use CPT during your studies.

If you hold H-4 status and plan to pursue a degree in the U.S. with the intention of using CPT or OPT, it is advisable to change to F-1 status as early as possible, preferably before starting your program.

2. If my H-4 status expires in 30 days, can I still change to F-1 status?

Generally, once you submit your change of status application, you are allowed to stay in the U.S. legally. However, if your H-4 status expiration date is within 30 days before the start date of your academic program (as indicated on your I-20), there is a high risk that your application will be denied.

3. Can I move while my change of status application is pending?

Moving during the change of status process can be tricky. USCIS will send the result of your application to the address listed on your Form I-539. If you do not update your address, you will miss important notices.

If you do not have a permanent address or are planning to move, consider using your attorney's office address.