July 22, 2021
Policy change to benefit children of H-1B
USCIS updated its policy so that when a dependent child of an H-1B holder applies to change status to an F-1 student visa, the F-1 status is effective the day the application is approved. This removes the old requirement to maintain a valid status up to 30 days before the student program start date, reducing the need for extra extensions.
Under the new rule, USCIS will grant the F-1 change of status effective immediately upon approval of the Form I-539, which prevents a “gap” between the old H-4 status and the new F-1 status. This eases the process for many children moving from dependent status to student status.