Jim, Question for you.. please respond

S

Shyam Gunda

Registered Users (C)
I am on H-1 and my wife is on H-4. Both of our Visas expired in the passport, but we have extension approvals along with new I-94s valid until Oct\' 2004.

My wife needs to convert her H-4 to F-1. She got an offer of Teaching Assistantship from a school for the spring 2002 semester (classes start on Jan 22nd 2002). So we need to convert the visa very soon.

Can she get it from Canada? If yes, I assume that I will also have to get my H-1 stamped in passport, if I have to accompany her to Canada. Am I correct? Will the current Visas in passport, being expired, effect the process in anyway?

FYI We are both from India.
 
Your input is greatly appreciated.
 
Thanks
Shyam.
 
Review the situation regarding visa processing for Third Country Nationals in Canada

I\'m not certain that they are doing it. Your wife could always change her status to F-1 and not get the visa stamped. Be cautious if you have a GC pending since an F-1 is not a dual intent visa. Speak to an immigration attorney about this since you really can get in trouble if this gets screwed up.

Jim
 
More questions.

Thanks for your response.

I am getting mixed signals on whether or not I can go to canada. I guess I will know it when I try to get an appointment.

Anyways, if they are still doing it, can I come back with my h-1 extension approval papers or do I have to get a visa stamped in canada (since current visa in my passport has expired). Likewise, if my wife gets her f-1 denied in canada, can she come back with h-4 extension approval papers, or does she have to get h-4 visa stamp again (current h-4 stamp expired in passport).

I know I can just apply for a change of status (H4 to F1) using form I-539 and accept funding without the actual F1 stamp. However, this process is taking long time now a days and the school has a policy that the candidate has be on F1 by third week of classes. Else, assistantship will be forfeited. We came to know about TA offer recently and we do not have time to meet the grad school deadline.

On the GC issue, I have not applied for GC and I do not have any intentions of applying for it. I am planning to leave the country as soon as my Hl six years limit expires in 2004.

I will really appreciate it if you can give an answer for the above question. Thanks.

Shyam.
 
Any input please....

Hi Guys:

Can anyone tell me if i can return from canada with an expired H-1 and H-4 stamps in our passports? We have the H-1 and H-4 approval papers valid until October 2004.

Please respond if you know anything. Thanks.

Shyam.
 
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