H4 to F1 Transfer Route

[Jyoti Bhadrashetti]

Jurisdiction

California

Hi there,
I am currently in US on H4 visa and my extension of H4 (I-539) is pending since May. I have recently received admit from an US university for 1 year STEM course. I would like to change my status to F1 to avail OPT / STEM OPT extension benefits. Now I understand that there are two ways to achieve this:
1. File another change of status (I-539) from US itself ( As per USCIS processing time is 11-13 months)
2. Go back to home country and get F1 visa stamped

Due to long processing time of the first option, I think second option is much safer, but I would like to know your opinion.

Are there any know challenges that I may face in getting F1 to prove ties with the home country ?
Also, are there any limitation on getting OPT if I attend classes remotely ( but after entering US on F1)?

Thanks !

 

[flyingron]

You need to consult an immigration attorney. First off, I've got severe doubts about the legality of what you're claiming to do regardless of which way you apply. What is your real goal here? If you're trying to game the system to work, you'd be better off doing it the proper way and get a work authorization on your existing H4.

Indeed, your application for a new F1 is going to be looked with skepticism as you appear to have immigrant intent being an add-on to someone on a dual intent visa.