H-4 to F-1

[PS15]

Hi Folks,

I am currently on H1B Visa and cleared my labor and I-140 thru my employer. My spouse is currently on H4 Visa and is pursuing her Masters. She is planning to change her H-4 status to F1 this semester. MY question is

Can she go to Canada and stamp her F1 ? if i am not mistaken, during F 1 stamping Visa Officer usually looks for the fact whether applicant will go back to her home country after his/her study is over. But since i already cleared second stage of GC woudnt this affect my spouse F1 stamping ? I mean it clearly implies that she has intention to stay in US..

Any response in this reagrd will be highly appreciated.

Thank You.

[OMM]

Hi Folks,

I am currently on H1B Visa and cleared my labor and I-140 thru my employer. My spouse is currently on H4 Visa and is pursuing her Masters. She is planning to change her H-4 status to F1 this semester. MY question is

Can she go to Canada and stamp her F1 ? if i am not mistaken, during F 1 stamping Visa Officer usually looks for the fact whether applicant will go back to her home country after his/her study is over. But since i already cleared second stage of GC woudnt this affect my spouse F1 stamping ? I mean it clearly implies that she has intention to stay in US..

Any response in this reagrd will be highly appreciated.

Thank You.

---- On H4 she can Study Full time. why you want to change the status from H4 to F1? it's not Requiered , she can study on H4. she can change H4 to F1 but even your GC is in process, yes this would affect when she is going to F1 stamping, she can stay with you as long as your stay is valid.

[kabkaba]

Whether Canada or home country, F1 applicant has to prove returning intent. It is better to try this at home country. There is no risk as such because even if H4 visa is cancelled during the interview (Sometimes happens sometimes not), she can again apply and get H4 easily.

Of course there are advantages to having F1 rather than H4, like on-campus work, OPT etc.