Eligibility of H4 Extension if COS to F1 rejected

[user2018]

Hi,

My spouse has her H4 extension in progress but the current processing time is 12-15 months (July 2019). In the meanwhile, my wife is planning to join a masters program on F1. The catch is that the H4 COS to F1 is a 12-15 month wait itself during which my wife would be unable to work on CPT which is a course requirement. We are also travelling to our home country this January and plan to get our visa stamped (H1B & F1).

1) If my spouse's F1 visa is rejected for any reason, does that make her H4 extension stay illegal and out of status? Will it have any impact on her H4 visa stamping?

2) If F1 is rejected, how soon can she apply for H4 on my approved I797 ?

Any help will be valuable. Thanks.

[pontevecchio]

1.2.. A person in H4 uses a current visa and the Original H1 spousal petition approval to come back and this is the procedure every time. If the F1 visa is denied, she can apply for the H4 visa for the next available date.

Which course is this needing CPT from day One. The F1 visa is largely based on the credibility of the college and nothing else.

[Ashutosh1019]

Hello user2018

Same thing happened with my wife. She was on H4 visa and as school offered her scholarship, she decided to change status to F1. Before the school started in Fall, we went to India in summer and her F1 visa got rejected. We immediately applied for H4 stamping again and that got approved after issuing 221b. So the time frame is like this

June 8th - F1 rejected

June 22nd - H4 stamping - got 221B

July 14th - H4 approved.

She eventually had to complete her MS without scholarship on H4 visa as my green card application was not even under process then and she couldn't get EAD. Most of the schools allow you to be a student on H4 visa but the only thing is you are not allowed RA/TA positions.

[user2018]

On 10/10/2018 at 11:01 AM, pontevecchio said:

1.2.. A person in H4 uses a current visa and the Original H1 spousal petition approval to come back and this is the procedure every time. If the F1 visa is denied, she can apply for the H4 visa for the next available date.

Which course is this needing CPT from day One. The F1 visa is largely based on the credibility of the college and nothing else.

Thanks @pontevecchio. Just an additional question in my case. Since my spouse's H4 extension is still in progress, will any rejection during visa stamping make her current stay (from date when original I-94 expired) out of status or illegal ? 

[user2018]

On 10/10/2018 at 11:19 AM, Ashutosh1019 said:

Hello user2018

Same thing happened with my wife. She was on H4 visa and as school offered her scholarship, she decided to change status to F1. Before the school started in Fall, we went to India in summer and her F1 visa got rejected. We immediately applied for H4 stamping again and that got approved after issuing 221b. So the time frame is like this

June 8th - F1 rejected

June 22nd - H4 stamping - got 221B

July 14th - H4 approved.

She eventually had to complete her MS without scholarship on H4 visa as my green card application was not even under process then and she couldn't get EAD. Most of the schools allow you to be a student on H4 visa but the only thing is you are not allowed RA/TA positions.

Thanks @Ashutosh1019. Appreciate sharing your case.

1) I am assuming you meant 221g. If not, what's 221b about?

2) Also, can you share the reason why F1 was rejected? Any specific requirements/documents we need to carry during the stamping

[pontevecchio]

No, It will not. Be aware that the credibility of the school is the main determinant of getting a F1 visa.