Re-enter on H4 by travel after COS to F1 is approved

[mcmarep369]

My wife has a valid H-4 visa till March 2022. She got approved for a change of status from H-4 to F-1 and it begins on Feb 24, 2021. However, this would need her to enroll in a in-person course since she is a 'new' F-1 and the university is not offering any in-person courses. If she leaves the US prior to Feb 24, 2021 - will she be able to re-enter back on her valid H-4 visa ?

What happens to the approved COS to F-1 ? The approval notice comes with a I-94 that shows Feb 24 as the start date. Should we send a withdrawal application to USCIS before Feb 24 ? If she re-enters back say on March 15 and wants to enter on H-4, would the CBP officer at Port of Entry pose any issue ?

[rkk09]

Hi,
Please see my Answers below.
If she leaves the US prior to Feb 24, 2021 - will she be able to re-enter back on her valid H-4 visa ?
Answer: No. Since you got F1 change of status approved you can not enter to US on H4 visa. In order to again change the status, you will need to again file H4 change of status petition or get H4 stamped at consulate.
What happens to the approved COS to F-1 ? The approval notice comes with a I-94 that shows Feb 24 as the start date. Should we send a withdrawal application to USCIS before Feb 24 ? If she re-enters back say on March 15 and wants to enter on H-4, would the CBP officer at Port of Entry pose any issue ?
Answer: As I mentioned above, Approved change of status is effective now. If you want to change the status, please file the petition again. No need to withdraw the petition rather file the change of status petition. If you want to reenter to US on H4, then you will need to get the visa from consulate/embassy.
Thanks