Can you get a F1 visa stamped when you have a GC petetion in process


Red Sac

Recommended Posts

Hi,

I am in the US on H1B and my wife is on H4. She is doing her Master's while on her H4 visa, we are planning to apply for change/adjustment of status to convert her status from H4 to F1 so that she can apply for OPT.

In the same time, my employer is starting my GC process. Since she is on a dependent visa, her name is also included in the GC petition.

My question is, if we apply for the Change of status and that is approved, can she go for a stamping of her F1 visa? I am confused as F1 is a non-immigrant visa. What are the other things to consider if we go ahead with the Change of status along with the GC petition from my employer.

Thank you in advance.

Link to comment

It is easier to go and apply for the F1 visa at the consulate back home and the main criteria is the credibility of the College she is attending. Worst case she can return and complete the studies in H4 status. Unless and until she files for AOS when the PD is current, she ihas not applied for an Immigration visa.

Link to comment
On 6/4/2017 at 1:46 PM, pontevecchio said:

It is easier to go and apply for the F1 visa at the consulate back home and the main criteria is the credibility of the College she is attending. Worst case she can return and complete the studies in H4 status. Unless and until she files for AOS when the PD is current, she ihas not applied for an Immigration visa.

Thank you.. In this case, if she doesn't get the F1 at the consulate, there is no way for her to work until she can get GC based EAD(which may be there once my i140 is approved!)..

I am thinking to go ahead and apply for AOS from H4 to F1 now, if everything goes well and she gets a job we will have make sure she doesn't leave the US for sometime(1-2years after she completes her course). If she doesn't find a job; she can leave the country and re-enter with the existing H4 visa.. I believe this can be done, please correct me if I am wrong. Thank you again.

Link to comment
2 hours ago, pontevecchio said:

Which college is she attending? It does not matter if you name it as there are bound to be thousands of students anyway.

Grand Canyon University, not a A-list college..

As far as i know AOS from H4 to F1 is the only way for her to look for a job now.. As i said earlier if everything goes well and she gets a job we will have make sure she doesn't leave the US for sometime(1-2years after she completes her course). If she doesn't find a job; she can leave the country when needed and re-enter with the existing H4 visa.. I believe this can be done, please correct me if I am wrong. Thank you again.

Link to comment
4 hours ago, Red Sac said:

Grand Canyon University, not a A-list college..

As far as i know AOS from H4 to F1 is the only way for her to look for a job now.. As i said earlier if everything goes well and she gets a job we will have make sure she doesn't leave the US for sometime(1-2years after she completes her course). If she doesn't find a job; she can leave the country when needed and re-enter with the existing H4 visa.. I believe this can be done, please correct me if I am wrong. Thank you again.

So, is she religious? Christian? Because that institution is a religious college. I've seen their TV commercials.

And they are for-profit, which nowadays is a red flag.

They are a research university, according to the Wikipedia entry about them, so that's a positive: https://en.m.wikipedia.org/wiki/Grand_Canyon_University

But I think there still is a real possibility for an F1 visa being denied. They were sued by the government in 2008, and there recent petition to return to non-profit status was denied.

Link to comment
4 hours ago, JoeF said:

So, is she religious? Christian? Because that institution is a religious college. I've seen their TV commercials.

And they are for-profit, which nowadays is a red flag.

They are a research university, according to the Wikipedia entry about them, so that's a positive: https://en.m.wikipedia.org/wiki/Grand_Canyon_University

But I think there still is a real possibility for an F1 visa being denied. They were sued by the government in 2008, and there recent petition to return to non-profit status was denied.

i know some of her batch mates have a F1 visa stamped.. In fact they had it done before they came into the US. So, it can be done.

I am not worried about the University.. My question was can someone get a F1 visa stamped if their name is filed on a GC petition.. Thank you.

Link to comment

Archived

This topic is now archived and is closed to further replies.