h4 to F1 at consulate. Husband filed I-140 for GC.

M

mohitbs

Registered Users (C)
Hi

I am presently in US on H-4 with my husband. He has just sent his I-140.
I have got admit to a US univ. I want to convert to F-1 for financial reasons.
I also need to travel back home to attend my sisters marriage.

- Is there any chance for me to get F-1 stamp at the consulate ?

- If I get a stamp denied, can I re-appy to get a H4/F1 ?

- Is it easy to get H-4 in such a case since I got my H-4 approved earlier ?

-Komal
 
Hi

I went through all the H-4 to F-1 posts on this forum. Though, I realized that the questions which I have asked have not been answered.

But, I found that a lot of people have been in a situation similar to me.
Can somebody share their experience and/or options for people who want to convert from H-4 to F-1 and also must travel to the home country.

Did anybody found some way the risk is minimised.

-Komal
 
We are in a very similar situation that you are in right now. My wife converted from H4 to F1 and she has been in that visa for more than a year. I did some research and found out that if your spouse has already filed for 140, it is more than likely that the consulate in india might reject your F1 becuase you dont have a strong case to prove you are a pure non-immigrant. you might be extremely lucky to comeout otherwise...the worst is, he might revoke your existing H4 because of the same reason and you might be in a big problem on not able to comein to the US. most of the experts adviced not to leave the country without getting your AP after filing 485. for you, the best option is go to india in H4, come back and apply for F1. it might take time to get your F1...until then you cannot avail your assistantship. hope this helps.
 
If I convert to F-1 and finish my study, can I convert back to H-4 after my studies are over.

When would I be able to go back to India once my studies are over. Is waiting for AP (Advance Parole) the only option....

My husband's PD is Nov 2006. Apr 2004 is current right now for Indian born.
Does it mean that I would have to wait till about Nov 2009 + a few months to travel to india.

My studies are expected to be over by Mar 2009.
 
Be careful,

Depending on what state you are in (I know about California) F-1 does not qualify for resident fees but H4 does. Since this is the case in California, it's the difference between paying $ 6,000 per year for resident fees versus $ 16,000 per year for non-resident fees.
 
simsd

(we are in california)
You are right ! On I can be a resident if I am in California for 1 year on H-4 but not with F-1. And the fee diff. between resident and non resident is 10K Vs 25K.

But on F-1 I can try and find an assistantship in form of TA/RA but not on H-4.
 
I just listened to the Apr 12 conference call recordings with Rajiv
" Obtaining F-1 status after a green card has been filed ".

He had mentioned that if your spouse has not included you on his I-140 application, you have as good a chance as anybody else of getting an F-1.

Did anybody do this successfully .. ?
 
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