F1 Stamping for H4 to F1 COS

[smuggymba]

Hi All,

I was on H4 and applied for H4 to F1 COS and I got my approval notice an have finished 1 year if my MS.

I want to travel to India and looks like I have to get stamping as my status has changed. I'm travelling to India in December (after finshing 1.5 yrs of my 2 yr MS).

When I go for stamping in India, I'll only have one semester left - Will I face any issues in stamping?

Can they deny stamping even after having a approval notice?

[txh1b]

They can deny a F1 visa to anyone that has immigrant intent or one that does not overcome the presumed intent during an interview with a VO even if USCIS approved a COS earlier.

Did you also post the same question on the "other" forum?

[smuggymba]

thanks txh1b. No, I did not post this in another forum, I posted it on another website though (I'm using my husband's ID..LOL..anyway.)

My husband is on H1 and my daughter is a US Citizen. We haven't filed GC..the company is just starting the process...though they haven't even filed the PERM yet.

Looks like I might have to cancel my vacation. I don't want to get into the mess of getting F1 rejected and hence OPT etc. What's the use of degree when I can't even gain some experience on OPT.

Thanks anyway.

[txh1b]

Every alien is presumed to have immigrant intent and the same applies for a F1 visa. The burden of proof to overcome that intent rests in the hand of the visa applicant.

Be careful about your choice and travel plans. If there is no GC started or pending, your chance of approval are higher but you still need to show strong financial and familial ties to home country.

[smuggymba]

Vacation plans cancelled. Better to have COS approval notice in hand rather than take risk of losing OPT by going to India.

USCIS sucks. Why not cancel OPT etc rather than making it "tricky" to get based on your luck.