H4 to F1 stamping (mexico/canada or India)

A

akaper

Registered Users (C)
Hi,

I came to USA on H4 and its valid and stamped for untill Dec 2006. I got an admission in to school(masters) and and got my F1 approved in the last month(June 2006). I may have to go to India for an occasion(in the next 2 months or so). I have the following questions in getting the visa stamped in canada/mexico or India.

1. If i go to canada/mexico for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.

2. If i go to India for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.

3. Which is more preferrable (taking appointment issue in India into consideration)?

4. Based on 1 or 2 above, if I can come back on my H4 (incase of rejection) I guess my F1 is no more valid, So i may not be able to work in US under my F1, but should be able to go to school.

pl clarify my above questions/assumtions. Thanks a lot for your help.

akaper.
 
Hypothesis is

Your spouse is in US with H1 , with immigration indent.

you are going to US with F1 visa with no immigration intention.

How you are going to convince the great US Counsel?

good luck

Alternate

Change to F1 with in US do not travel. Once study over get H1 travel.

akaper said:
Hi,

I came to USA on H4 and its valid and stamped for untill Dec 2006. I got an admission in to school(masters) and and got my F1 approved in the last month(June 2006). I may have to go to India for an occasion(in the next 2 months or so). I have the following questions in getting the visa stamped in canada/mexico or India.

1. If i go to canada/mexico for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.

2. If i go to India for visa stamping, and incase of rejection, Can i come back to USA on H4 (some time your H4 may be get cancelled during your F1 visa rejection, be prepared to fac it) since i still have my H4 valid till Dec 2006.

3. Which is more preferrable (taking appointment issue in India into consideration)?

4. Based on 1 or 2 above, if I can come back on my H4 (incase of rejection) I guess my F1 is no more valid, So i may not be able to work in US under my F1, (any case you can not work with your F1 or H4 ) but should be able to go to school.

pl clarify my above questions/assumtions. Thanks a lot for your help.

akaper.
Click to expand...
 
hello,
i'll answer these questions based on my knowledge and because i m in a similar situation i have spoken to my lawyer abt it and am going to consult an INS officer on wednesday, before i go to Canada.
akaper said:
Hi,

I came to USA on H4 and its valid and stamped for untill Dec 2006. I got an admission in to school(masters) and and got my F1 approved in the last month(June 2006). I may have to go to India for an occasion(in the next 2 months or so). I have the following questions in getting the visa stamped in canada/mexico or India.

1. If i go to canada/mexico for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.
i think you can only if u have it stamped. and u do because u said u came to US on h4. so even if its rejected u can come back. thts from my knowledge and thts wat my lawyer told me too. but u shld again consult a lawyer to confirm it.

2. If i go to India for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.same as above

3. Which is more preferrable (taking appointment issue in India into consideration)?i think going to canada is more preferable and they will ask u why dnt u do it in ur hoem country, u can say u have to attend a seminar or program with ur school and u found it more preferable to do it here due to lack of time and other things......

4. Based on 1 or 2 above, if I can come back on my H4 (incase of rejection) I guess my F1 is no more valid, So i may not be able to work in US under my F1, but should be able to go to school.correct u cannot work for 20 hrs a week.

pl clarify my above questions/assumtions. Thanks a lot for your help.

akaper.
Click to expand...
 
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Hi there,

We are in kind of similar situation. My wife came to US on F2 VISA. It is stamped in her passport. Now she has been accepted for MS program with full funding. We are planning to go to canada/bahamas for her F1 visa. I have been toldd by every one again and again that IF THE F1 VISA IS REJECTED THEN THE APPLICANT WILL HAVE TO LEAVE TO INDIA FROM WHEREEVER HE/SHE IS APPLYIGN FROM. YOU CANNOT RETURN TO US ON THE PREVIOUS VISA, EVEN IF IT IS STAMPED.

I will really appreciate if you give me the contact information of the lawyer who gave you the information that you can reenter US even if F1 is rejected. I am not being rude or sarcastic. I just want to clarify.

Thank you very much.

Avinash
 
1. If i go to canada/mexico for visa stamping, and incase of rejection, Can i come back to USA on H4 since i still have my H4 valid till Dec 2006.

I don't think you can come back on H4 visa if a new F-1 status has been approved and you have already started school. There is a rule for people who change status with a start date in the future (i.e. you do not start working until you return back to the US, but your new status has already been approved)...If you have not started school yet and plan to be back before the date indicated on I20 (beginning of classes) you should be able to take advatage of this provision...You might want to check with your school advisor on this question.

3. Which is more preferrable (taking appointment issue in India into consideration)?

My advise, if you have to travel, apply for F-1 in your home country, not canada/mexico... I have been told by a lawyer and school advisor that it is much harder to prove non-immigrant intent in your home country, rather than canda/mexico, so higher chances of getting approved. Since your F-1 has been approved here, you should not have any trouble getting a visa stamp at your home country...


4. Based on 1 or 2 above, if I can come back on my H4 (incase of rejection) I guess my F1 is no more valid, So i may not be able to work in US under my F1, but should be able to go to school.

wait, wait, wait.... as H4 visa holder you are (dependent of an H-1), you can go to school full-time or part-time. BUT you are NOT permitted to work. You are not permitted to work off campus on F1 visa (in most cases) for the first year of your studies...
 
Dear pvkby

My situation is little different. My wife has not applied for change of status. We are going to Bahamas for her visa interview. If they reject her F1, can she reenter US on her valid F2 stamped is her passport that is valid till June 2010.

Please reply. I need your help.
 
H4 TO F1 status change

Hello!!!

I am in a unique situation. I came to US on H4 with I-94 expiration date on Jan 15, 2007. I got my visa converted to F1 and started attending the school. The problem is, my case was approved to F1 in June 2006 and I havent received an I-94 from the USCIS. I am really worried as I havnet received I-94 on my new F1 visa. Also, the expiration date of I-94 of my H4 visa is in Jan 2007. Would anyone advice me as to what I must do in order to get my new I-94. (I have tried many times calling up USCIS, i havent got a convincing reply yet).
 
Nagsmys said:
Hello!!!

I am in a unique situation. I came to US on H4 with I-94 expiration date on Jan 15, 2007. I got my visa converted to F1 and started attending the school.

If you get your F1 without an I 94 at the bottom of the approval notice, means, your visa H4 is not converted into F1 student visa. You got your new F1 visa.!!!!!!!

To became F1 visa holder either you should have visa stamped outside US enter into US and get I 94 with caveat F1. or your F1 comes with I 94 within US.

However, if no change of status is effected from H4 to F1, first of all you no need of a f1, you can take your I 20 go back to home country and get your F1 visa.

Here either you or your attorney must have committed a error while filling the application form. If it is attorney ask them to amend your F1 approval and get I 94 before your H4 I 94 gets expires.----------------------------------------------------------------------

The problem is, my case was approved to F1 in June 2006 and I havent received an I-94 from the USCIS. I am really worried as I havnet received I-94 on my new F1 visa. Also, the expiration date of I-94 of my H4 visa is in Jan 2007. Would anyone advice me as to what I must do in order to get my new I-94. (I have tried many times calling up USCIS, i havent got a convincing reply yet).
Click to expand...
 
nashvasan said:
Dear pvkby

My situation is little different. My wife has not applied for change of status. We are going to Bahamas for her visa interview. If they reject her F1, can she reenter US on her valid F2 stamped is her passport that is valid till June 2010.

Please reply. I need your help.
Click to expand...


Hi, Note that if they reject her F1 (probably unlikey.. at most they seem to send cases for clearance ), then they can cancel the current visa. Do check if that is a possible.
I was hit with name check last time went for stamping (in chennai india) and I was following this quite a bit. Just my 2 cents.
 
F1 Visa Stamping

Hi,

I am in a similar situation right now like the one you were in. I was on H1B and I have changed my status from H1B to F1. I have joined my university as a full-time student and now I need to get F1 visa stamping. I would like to know few things about F1 stamping.

• Should I go to Canada or Mexico? Which one would be quick and easy?
• Does the processing time differ from one US Consulate to other? Is there any particular US Consulate/Embassy in Canada or Mexico that I should be going to so the process is quick and easy for me?
• What documents do I need to provide to the US Consulate? Do the document requirements differ from one US Consulate to the other?
• How much time the visa stamping process would take?
• Since my status has already been changed are there still any chances of rejections? If yes, then what are my options?
• How sooner do I need to take appointment with the US Consulate? How much is the waiting period?

Your feedback would be highly appreciated. Thanking you in advance.

Ankit Patel.
 
Hello,

I'm doing some research for an article on visa stamping that occurs in a country other than a student's home country (for example, if the home country is far away, students may go to Canada or Mexico). If you have renewed your visa this way in the past, or if you are thinking of doing so, it would be very helpful for me if you'd like to share your experience. If so, please contact me at christina.shanahan@gmail.com

Thank you!

Christina
 
I plan to change my visa status from H4 to F1 . I want to go to Mexico for that.I am a citizen of India.

1)Which one do you think is a better option .Going to India or Canada /Mexico?
2)In case of rejection of my F1 , Can i come back to US on my H4 (H4 is valid till 2008)? If not , What are my other options?
3)Also , do we have to submit the I-539 form for change of status?or only DS-156,DS-157, DS-158?
4) My spouse is on H1 and i m a third country national applying for F1 . Do i need a visa to enter Mexico?

Your reply is needed urgently , and will be greatly appreciated.
 
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