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  • h4-f1 stamping

    Hiiii,
    This is samyu
    At present i am on H4 visa in USA. I joined for masters in USA on H$ visa itself.
    I applied for the Change Of Status(COS) in May i.e., H4 to F1.
    I am having my H4 visa untill 2012.
    I need to go to my Home Country for my Brothers Marriage Which is in next month.
    Can i go to my home country which my COS is i n processing.
    If i get my F1 at that time can i go on H4 and is it possible to come back on H4 itself because in H4 is untill 2012
    can i come back on H4 or do i need to go for F1 staping.
    can u please suggest

  • #2
    Not advisable to travel when a petition is pending with USCIS. There are chances that the COS to F1 might get denied. However, you can travel and re-enter in H4 visa. If your F1 is approved and if you come back on H4, then you will remain in H4 status and you will need to file for a COS to F1 again. If your COS to F1 is approved and if you would like to be in F1 status, then you need to get the F1 stamped and re-enter in F1. If the COS to F1 is approved with a new I-94 after your return, then your status will change to F1.

    Your status will change as per the last received I-94 (be it the I-94 that comes with the COS or the I-94 that you get at the POE).
    Not a legal advice. Use of this information is strictly at your own risk.

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