H4 TO F1 Pls suggest

V

vruhere

Registered Users (C)
I am here on an H4 visa with my husband . This visa expires in Sep 2003. I am planning to go to school and the course starts in Sep too. My question is .

1. Should i first apply for an H4 extension with my husband who will be extending his H1B
OR
2. Should i get my F1 straight away if i get the admission,

I am concerned because the H4/H1 extension is taking abt 6-9 months these days.
Thx
Vrushali
 
Suggestion

Hi,

Ask yourself one Question before changing your status from H4 to F1, Are you not going to india through out the period of studies, if you are going out of country then you need to get stamped of your F1 if u changed your status, and now a days getting a visa stamped in india or any other country that is also a F1 is so difficult and you are having a 50% of chance to get rejected.
As per the situations try to get an admission and study while you are on H4 only, This is only a suggestion.
Why i am saying this is I faced a lot of problem to get back to USA because of change of status , and i know some of my friends also got rejected and they are struggling back.
Look this is a suggestion only.

Best of luck
Bye.
 
reply to pvanil's message

thx for your reply. one thing i could not understand is the problem in visiting to india. could you exlpain what you are saying. also i could study on H4 but the problem is that then i can not get aid etc. so it would not be possible. but pls explain how i will have problem going to india
 
Suggestion

As you are on a H4 and u want to change for F1 then you will apply for the change of status, and they will change the status from H4 to H1 and u will get a new I94 with a status of duration of stay and they will say you when you go out of the country you need to get stamped the F1 visa.
So then you will get the problem if you are going to india in the middle of your studies then while comming back you dont have any visa neither H4 or F1, but you are having the approval of the F1 from the INS then you need to get it stamped and come back to USA, so then you are not sure that they will issue the visa or not so i gave that suggestion, when applying with the INS approval also it is same thing like applying for a new F1 and so calculate the chances as you may have knowledge how they give the F1 visas in india.
Hope you had understood .
 
I think you should apply for F-1 staright away and not wait for your husbands H-1 - This is my personal suggestion.

As far going to India is concerned, then I agree with pvanil. as long as you are on F-1, you shouldn't be going to India, because there you will have to go to embassy and get F1 visa stamped. The chances of rejection are high there. Even if you forget about what happend after sept. 11 and go to days before that. The only main thing you need to convince counslers was that you will return to India after you complete your studies. Now how can you prove that when your husband is here on H1.

My wife has applied for H4 --> F1 and she is prepared to not to go to India until she is on F1
 
I got my H4 changed to F1 on a visit to India and it was cool. No problem at all. Remember your spouse's H1 is a non-immigrant visa and so is F1. Neither implies intent to immigrate.

My advise to you would be to ignore the scaremongers, get your papers in order and go ahead. In any case you can get a H4 w/o any problem if your F1 is rejected.

caveat: I don't know how it is after 911, although I cannot see why there would be a problem except for security issues, which I assume is not a problem with you.
 
Well I agree that both H1 and F1 are non immigrant visa status. But does having a non-immigrant visa prove your intent to go back to your country. Logically your intent to not to return to your country is only proved when you apply for permanent residency (green card).

Tell me when a student goes to US embassy in India he has no intent to migrte but still some visas are rejected are rejected on the pretext that the person is potential immigrant.

My attorney from one of top law firms of US has recommended not to travel till my wife is on F1.

Again its not a rule that your visa will be rejected. Its just a chance. If you can afford to take one, then go ahead.

Sept 11 has make it even more worse. I know a person who went to India and had to get his H-1 stamped but is stuck there for last 4 months because US Embassy is doing some investigation.

Again I am not a pessimist, but I am just being practical.

Green2005 you may be lucky , but everyone is not :)
 
Documents for H4 -> F1 change of status.

I am on H1 and my wife is on H4. She is going to school doing her Masters. She wants to take internship programs offered at her school. We want to apply for her change of status from H4 to F1. She does not intend to go to India till she completes her school.

Could someone suggest:

1. What is the procedure for such application
2. What all documents would be required
3. Will her H4 status be valid, in case her F1 gets rejected
4. How much time is it taking now a days in such change of status.

Thanks in advance!!
 
I don't what kind of internship at school are you talking about.
But keep in mind that she can only work on campus. She can take only take internships off campus after nine months of F1 visa approval. Here are the answers to your questions.

1. File I-539 (change of status) form to ur respective INS service centre.
2. For list of documents, check with your school. But along with the basic ones send the following also

a. Submit eveidence to establish that u have residence abroad to which u intend to return. (If not in English then should be translated and certified by translator)

b. Legible photocopy of personal data pages of passport, visa on which u last entered th US, latest admission stamp on PP

c. Original copy of I-20 A-B from school, for some reason they wanted School copy also

d. Evidence that you paid school tution. (Receipt or cancelled check or money order etc)

e. Original course descriptions and schedule of each class that you are taking

f. Last 4 bank statments from checking/saving that was used to establish that u have sufficient funds to support ur studies (NO BANK LETTERS ONLY STATEMENTS)

3. I think H4 will be valid if F1 is rejected
4. Depends on service centre. Check immigration.com for processing times of I-539 form. FYI – Vermont service centre is taking 20-60 days. Take the upper limit.
 
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