Returning on H4 visa with 3 days remaining?

F

floridian

New Member
My wife came to US on H4 visa, but has recently got approval for F1.
Her H4 is still valid till July 8th, 2004.

She is travelling to India and returning to US on July 5.
If we choose not to get her new F1 stamped (to avoid the risk of getting rejected), can she travel back on her H4 visa (which would have only 3 days remaining).

Or do we have no choice but to get her F1 stamped?

Would be grateful for any suggestions/comments.

Thanks
 
She can return on H4, but her F1 will be abandoned. She has to redo the H4 to F1 again. Why does she need a F1 to study when she can use H4 to study!
 
If I am in your situation I will call her on H4 status (more chances of F1 visa denial in consulate) once she reaches US she will get her I-94 based on H4 status and I will download the form I-539, keep my H1 approval notice copy and my I-94 (copy both the sides) once she reaches US on H4 complete the form I-539, write her latest I-94 # on form and attach her passport pages and copy her latest I-94 (both the sides) I will attach my 2-3 recent pay stubs and letter from employer that I am working with them on H1status and request to USCIS in the letter to extend the H4 status of your spouse XYZ. I will send the I-539 package or her H4 extension the second day after her arrival in US because her H4 extension has to be filed or should reach USCIS before her new I-94 gets expired. Or hire the lawyer who can complete form I-539 for her H4 and can send the H4 extension to USCIS before her I-94 expiry date. mail her H4 extension on 6th by fedex.
* She can study on H4
 
Thanks for your reply, Ginnu and Jaxen.
We want to retain the F1 visa so that my wife can work part time and be eligible for assistantships. Plus, if i am laid off, I would have the choice of changing my status to F2 if necessary.

It seems, based on your suggestions though, that we do not have a choice. We would have to get her F1 stamped under the circumstances......(??)

Any further suggestions/ comments would be appreciated.

Had one more query. Which I-94 should my wife submit at the port of departure while going to India.....the old I-94 (from her H4) - which she received while entering US, or the new I-94 (from F1) which came along with her F1 approval....?

Thanks
 
Both I94 should have the same number. Submit the latest I94 in case they are different.
 
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