H4 to F1 and back to H4

[rgandhi22]

Hi,

 

My wife is on H4 currently and is planning to get on to F1 visa. She is in her second last semester of undergraduate course (Bachelors in PSY). She graduates in December.

 

We were planning to transfer her to F1 in the hope that she can try finding an internship or job when she is on OPT.

 

My questionr are:

 

1. If she gets on to F1, but does not get a job in the first 60 days of OPT, does she need to leave the country?

• Or can she transfer back to h-4?  
• Or does she need to leave the country and come back on a fresh H4 visa
• If she does have to re-enter on a H4 visa, will her previously approved H4 I-797A work or do we need to apply for it all over again?

 

Please advise. 

 

Thank you.

RG

[ashuneel]

If she gets on to F1, but does not get a job in the first 90 days of OPT she should file COS to H4.

 

Yes she can transfer back to h-4.

 she  can leave the country and come back on a fresh H4 visa.her previously approved H4 I-797A  will work .

[rgandhi22]

Thank you for your reply. 

So when her COS is pending, does she have to leave the country or can she wait till she receives her COS approval? If i am not wrong, the COS sometimes takes close to 3 years.

 

Please advise.

Thank you.

[ashuneel]

COS takes 3-4 months. She can wait or leave the country and come back with valid visa.