Tuesday, September 17, 2024

transition from an H-4 to an F-1 visa.

 I recently transitioned from an H-4 to an F-1 visa. However, my I-94 still reflects the H-4 status. I secured a campus job and went to the Social Security Administration office to apply for an SSN, but my request was denied due to the discrepancy in my I-94.

Could you please advise on how to resolve this issue?

To resolve the discrepancy between your F-1 visa status and your outdated I-94 record from your H-4 status, follow these steps:

  1. Check Your I-797 Approval Notice: If your change to F-1 status was approved within the U.S., you should have received an I-797 Approval Notice from USCIS. This notice typically includes a new I-94 record attached. Ensure you have this document as it's crucial for proving your current status.
  2. Update Your I-94 Online:
    • Visit the official CBP website at i94.cbp.dhs.gov. Here, you can retrieve or update your I-94 record. If your change of status was processed correctly by USCIS, your new I-94 might already be updated in the system. However, if there's a discrepancy, you might need to contact USCIS directly.
  3. Contact USCIS:
    • Service Request: If your I-797 notice shows a new I-94 but it's not reflected online, you might need to submit a service request to USCIS. This can be done through their online system or by calling their customer service line. Explain the situation and request an update or correction to your I-94 record.
    • Typographical Error Correction: If there's a clear error, you might use the option for correcting typographical errors, though this is more straightforward for errors on documents like EADs rather than status changes.
  4. Visit an International Student Office or Legal Advisor: Since you're on an F-1 visa, your school's International Student Office (ISO) or International Services can be incredibly helpful. They can guide you through the process, provide necessary documentation, or even help in contacting USCIS if needed.
  5. Reapply for SSN with Correct Documentation: Once your I-94 is updated to reflect your F-1 status, revisit the Social Security Administration (SSA) with:
    • Your new or corrected I-94 record.
    • Your I-20 form for F-1 status.
    • Any other supporting documents like your passport with the F-1 visa stamp, and your I-797 if applicable.
  6. Be Prepared for Delays: Sometimes, updating these records can take time. Ensure you have enough financial support and maintain your F-1 status requirements (like full-time enrollment) while this issue is being resolved.
  7. Consider Legal Advice: If the issue persists or if you're unsure about any step, consulting with an immigration attorney might be beneficial. They can provide personalized advice and represent you if needed.

Remember, while transitioning between statuses, always keep your documentation up-to-date. If there's a delay in updating your I-94, but you have proof of your current status (like an I-797), you might still be able to navigate some bureaucratic hurdles with these documents in hand. However, for official processes like obtaining an SSN, having your I-94 correctly updated is crucial.

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