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Questions on H4 to F1?

Discussion in 'Immigration Matters' started by kanthi, May 3, 2007.

  1. kanthi

    kanthi New IL'ite

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    Hi
    I am planning to change my status from h4 to f1.I got admission from universities.My name was included in my husbands I140.I have heard that my F1 can be rejected because I140 petetion shows immigration intent ..whereas F1 is non immigrant visa. Please let me know if any one has gone thru this process ...what are the chances of getting my F1 approved?
    plss reply as early as possible as i am planning to do this by fall.

    Thanks in advance.
     
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  2. Shal

    Shal Senior IL'ite

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    Re: H4 to F1

    Dear Kanthi,

    I am in a similar boat as you are, except that I am already on F1 and also added to hub's I-140. As long as you change your status here in the US and do not travel outside the country while on F-1, you wouldn't be questioned by anyone. Only when you travel outside of US, will you need to get your visa stamped. Although, well I am not sure how it works when you apply for F-1 while your husband is on I-140...i think it should be okay bcz he is still on H1B and not really on green card.

    Wish you luck!
     
  3. kanthi

    kanthi New IL'ite

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    Re: H4 to F1

    hi shal,

    Thanks for the reply.I heard that it ..if you are on f1 and your name is added to
    green card there wont be any problem..But in my case name is already on I140 and i am applying for f1...this case has chances of rejection..if any one has got their f1 approved or rejected in my situation..pleassssssse reply...

    Thanksss
    kanthi
     
  4. rya

    rya Silver IL'ite

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    Change visa status from H4 to F1

    hi friends,
    i have applied for F1 visa on october but still i have not got my student visa. i was on H4,but now with no visa in hand..can anybody tell me the usual processing times for F1 visa. i am checking everyday but it is still pending and delaying
    thanks
     
  5. sangeetha1982

    sangeetha1982 Bronze IL'ite

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    Re: H4 to F1

    Hi Kanthi

    What happened with your visa change? Did it get through smoothly? I am in a similar situation this yr. My course is starting in about 1.5 months and I have been offered a GRA by the university. My husband has filed for I-140 and it is pending. I am wondering if I can get the stamping done in Mexico. What did you do?
     
  6. sangeetha1982

    sangeetha1982 Bronze IL'ite

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    Re: Change visa status from H4 to F1

    Hi Rya

    I have filed for a change of ststus too. I am told that the usual time is around 3 to 4 months. I wonder why you still havent gotten yours..since you filed a long time back in October..
     
  7. ManasaSumanth

    ManasaSumanth New IL'ite

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    I'm on H1B working in USA. My visa was expiring on May 23rd 2009, so my company applied for
    H1B and H4 (for my wife) extension on April 20th 2009
    In May 1st week, my wife got admission & assistantship in one of the university. She
    returned to India on May 20th and she got her F1 stamped on June 4th from India.
    Now we are very much concerned that what will happen to my H1 and her H4?
    1) Since she has F1, will it affect H1/H4 processing?
    2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ?
    3) Is it possible to have F1 and H4 both together at the same time?
    4) Since my Employer is Wipro and they have filed H1-H4 on behalf of us, is it possible for
    an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1
    visa extension application?

    Any assistance would be greatly appreciated.
     
  8. meghasharma

    meghasharma New IL'ite

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    Hi could anyone please guide me!!
    I was on h4 Visa, I applied for F1 in Jan 2010 and got F1 approved but after completing my two full time semesters I took a vacation to meet my parents in India, and by law when you are outside the US, you have to get your change of status stamped on your passport but unfortunately my F1 stamping got rejected twice.

    I am very depressed could anyone guide me what should I do further??
     
  9. aparnanc

    aparnanc Bronze IL'ite

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    May I know the reason for the rejections? If you give us the reason we may be able to answer better. In the worst case you may have to revert back to H-4.
     
  10. meghasharma

    meghasharma New IL'ite

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    The reason for the rejection was they said you dont have strong ties with India, it seems like you are going over there to work but that is not the case as I have very strong ties with India i have a house in India, my family is here, as I have mentioned this in my application but they did not gave me chance to speak.

    The experience of my first interview was the consulate asks:
    what is the purpose of your interview: I said F1 visa stamping but actually my F1 was approved in US by USCIS, i just came to delhi for vacation and had to get my passport stamped. and also he did not gave me chance to show my relevant documents. he just made his mind and rejected.

    The second interview was just after 15 days because I had my fight already booked for US.
    I showed her relevant documents but I think she refered to my previous interview and canceled my stamping again.
    She asked me why did u opted X uny?
    I said X uny is the largest educator for business professionals, its a 100 years uny imparting good qulaity education to its students and the professors are very experienced and knowledgeable as I have alredy completed 2 semesters and above all I live near to the uny.

    I dont know what they want to listen from us i showed her the documents and tried whatever I could, she also knew that I have bought a house in gurgaon but then also she said it seems like you are going over there to work.

    I dont think that I can apply for F1 again because if thats the case I have to apply next month because my flight is only till Nov 23, and if it gets rejected again I dont think I can apply 4th time for any other visa, or moght have to stay in India.

    Or I am thinking to convert myself to H4 and I am worried for H4 approval also as I have already got 2 rejection in 15 days.

    what to do shall I approach a lawyer ??
     

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