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Questions for H4/F-1 stamping?

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  • Questions for H4/F-1 stamping?

    I was approved my change of status application about 8 months ago fro ma H-4 status and have been doing my program full-time. The next semester is my last semester and I am now making plans to travel to CAnada to receive F-1 stamping. Without a stamp, I'm having a lot of hassles and stress such as having to carry my I797 everywhere and explaining to people that" look, my status is F-1". I'm also concerned about travel to my home country(India) and would want to not deal with any stamping there since the trip is longer and involves more finances/planning.

    Can you please help me with a couple of my questions?

    1. How can I prove non-immigrant intent? This is a little tricky. My spouse is on H-1 status and we plan to return to our home country in about 3 years from now.However, for the time being an I-140 has been filed for my spouse since he has used 6 years on his H1-B permit. This will allow him to live and work in the US for another couple fo years before we wind-up from here.


    2. Since this is my last semester, I would have reduced course load. Infact, I will only be registered for my thesis research credits(6 credits). Any issues foreseen herE?

    3. In the case that my F-1 stamp is rejected, can I re-apply for a H-4 visa at the same consultate the following day? Are there any chances for H-4 denial? I am aware of the usual risks involved in a visa stamping ; my only concern is I want to join my husband back(H-4 or otherwise!).

    Thank You

    P.S.: I am not going to Canada with my spouse(H1-B). I am travelling alone.

  • #2
    bumping this thread!'

    any help?

    Comment


    • #3
      Originally posted by nehs View Post
      I was approved my change of status application about 8 months ago fro ma H-4 status and have been doing my program full-time. The next semester is my last semester and I am now making plans to travel to CAnada to receive F-1 stamping. Without a stamp, I'm having a lot of hassles and stress such as having to carry my I797 everywhere and explaining to people that" look, my status is F-1". I'm also concerned about travel to my home country(India) and would want to not deal with any stamping there since the trip is longer and involves more finances/planning.

      Can you please help me with a couple of my questions?

      1. How can I prove non-immigrant intent? This is a little tricky. My spouse is on H-1 status and we plan to return to our home country in about 3 years from now.However, for the time being an I-140 has been filed for my spouse since he has used 6 years on his H1-B permit. This will allow him to live and work in the US for another couple fo years before we wind-up from here.
      -- One cannot predict. You will need property, family ties to home country and it helps if your school/program is reputed.

      2. Since this is my last semester, I would have reduced course load. Infact, I will only be registered for my thesis research credits(6 credits). Any issues foreseen herE?

      -- That should be fine.

      3. In the case that my F-1 stamp is rejected, can I re-apply for a H-4 visa at the same consultate the following day? Are there any chances for H-4 denial? I am aware of the usual risks involved in a visa stamping ; my only concern is I want to join my husband back(H-4 or otherwise!).

      -- Yes, you can apply. Whether next day or not depends on the consulate's scheduling process.

      Thank You

      P.S.: I am not going to Canada with my spouse(H1-B). I am travelling alone.

      See above.
      This is my opinion and not legal advice.

      Comment


      • #4
        Originally posted by kabkaba View Post
        See above.
        Thanks a lot kabkaba. I spoke to my school DSO too and they did not say anything against it and said " You should be ok since you have two previous H-4 stamps from your home country". My school is not any ivy-league but relatively well-known and is a public state university. I know one student who had travelled to CAnada this past summer and fot her visa stamp sucessfully.

        I'm just planning for the worst case(F-1 denial), so that I have a back-up plan.

        In your opinion, can it happen that H-4 is denied too? I'm just worried about that. I only have my thesis research credits pending now
        Last edited by nehs; 12-07-2012, 08:59 AM.

        Comment


        • #5
          Since H4 does not require non-immigrant intent, F1 denial will not affect H4 application.
          This is my opinion and not legal advice.

          Comment


          • #6
            Originally posted by kabkaba View Post
            Since H4 does not require non-immigrant intent, F1 denial will not affect H4 application.
            Thank You kabkaba. My only back-up plan is to enter back on H-4 to complete my education and join my husband.

            Comment


            • #7
              Hi,
              Did you get your F1 stamping after COS in the US? How was the visa interview process?
              What kind of questions do they ask once you are already studying in a US institution?
              I'm in the same situation as yours. Please advice.
              Thanks.



              Originally posted by nehs View Post
              I was approved my change of status application about 8 months ago fro ma H-4 status and have been doing my program full-time. The next semester is my last semester and I am now making plans to travel to CAnada to receive F-1 stamping. Without a stamp, I'm having a lot of hassles and stress such as having to carry my I797 everywhere and explaining to people that" look, my status is F-1". I'm also concerned about travel to my home country(India) and would want to not deal with any stamping there since the trip is longer and involves more finances/planning.

              Can you please help me with a couple of my questions?

              1. How can I prove non-immigrant intent? This is a little tricky. My spouse is on H-1 status and we plan to return to our home country in about 3 years from now.However, for the time being an I-140 has been filed for my spouse since he has used 6 years on his H1-B permit. This will allow him to live and work in the US for another couple fo years before we wind-up from here.


              2. Since this is my last semester, I would have reduced course load. Infact, I will only be registered for my thesis research credits(6 credits). Any issues foreseen herE?

              3. In the case that my F-1 stamp is rejected, can I re-apply for a H-4 visa at the same consultate the following day? Are there any chances for H-4 denial? I am aware of the usual risks involved in a visa stamping ; my only concern is I want to join my husband back(H-4 or otherwise!).

              Thank You

              P.S.: I am not going to Canada with my spouse(H1-B). I am travelling alone.

              Comment

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