Can I be eligible to travel to US on H4 while my husband who is on H1b is not in US

[suji2010]

Hi

I am presently on H4,got married and came to US on H4.My husband is not in US since 2 yrs, we had some misunderstandings, so I had to travel to India.Now if I want to got to US ,can i be eligible to travel to US on my present H4 when my husband is not in US.If so , will there be any problem at port of entry.I am planning to continue my masters by converting my visa from H4 to F1.So kindly help me regarding this.Any suggestions will be helpful.So is it possible for me to travel on H4 now?

[suji2010]

Is it possible for me to transfer my visa from H4 to F1 without any problem.

[shervin143]

H4 is valid only till the H1B is in status. Since your spouse is no longer maintaining his H1B status, you cannot travel in H4 visa. You will have to provide I-797 of the primary applicant (H1B) and also the employment vertification letter and pay slips from your spouse which you will not have.

There is no such thing as a transfer from H4 to F1. If you already have admission to a school in U.S, then go for F1 stamping and when that gets approved travel in F1.

[suji2010]

Thank you for the reply.

But he says that his H1 is still in status, but he moved out of country due to recession.In that wat could be my situation.

H4 is valid only till the H1B is in status. Since your spouse is no longer maintaining his H1B status, you cannot travel in H4 visa. You will have to provide I-797 of the primary applicant (H1B) and also the employment vertification letter and pay slips from your spouse which you will not have.

There is no such thing as a transfer from H4 to F1. If you already have admission to a school in U.S, then go for F1 stamping and when that gets approved travel in F1.

[suji2010]

One more question, Will my F1 be rejected due to my H4 at the visa interview, or can i get F1 easily

[shervin143]

When a person is not in U.S working in H1B, he/she is no longer in valid H1B status. When you leave U.S, you hold no immigration status. Maybe his petition is still valid and that doesn't help.

Thank you for the reply.

But he says that his H1 is still in status, but he moved out of country due to recession.In that wat could be my situation.

[shervin143]

Getting your F1 stamping has nothing to do with your H4 visa. Chances of getting the F1 depends on the documents that you submit. Check this.
https://www.immihelp.com/f1-visa-stamping-documents/

One more question, Will my F1 be rejected due to my H4 at the visa interview, or can i get F1 easily