F1 Stamping with Approved I-140

J

jm019

Registered Users (C)
Hello,

My husband is on H-1B and his I-140 got recently approved. I have been here on H4 and did COS to F1 last year. Would like to know if:

1. I can go to India for F-1 stamping with your I-140 (EB2) approved?
2. If I cannot get F-1 stamped, can I return to US with your old H4 visa stamp which is still valid on passport?

Thanks!
 
F1 status requires one to have no intent to immigrate. Since there is an I-140 approved for your husband (therefore you, as a derivative), it might be difficult to get F1.
One can pursue studies in the US on H-4. What is the reason for changing to F-1?
 
Reason for F-1 is to be eligible to work on F1 OPT without waiting for EAD which will take another 3 yrs.
 
Also, can I return to India on my old H-4 (which is still valid on my passport) if my F-1 is denied?
 
You mean return to US? If your H4 visa is not canceled, you can return to US on H4.

Hope your school is a reputable one. Please be careful about schools promising OPT work permit based on F1 visa - you might be aware of the scandal associated with Tri-Valley University in California which is under federal investigation for F1 and OPT abuse.
 
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