H4 to F1 stamping while on CPT , COS approved

[VrindaK]

Hi , 

I started MS in school on H4 in Aug 2017 and applied for COS immediately and got it approved in June 2018. My spouse moved back to India as his visa got expired in October 2018.  I want to go for F1 stamping in August 2019, my coursework is over but my thesis is not yet complete which may take one more semester. Right now I'm on CPT. Is it advisable to go for stamping . What are the pros and cons for the same? If they reject my F1 , i don't have any valid visa to come back.

Thanks!

 

[pontevecchio]

Once he left the country you were not in valid H4 status after October,2018 and hence the COS was in error.

I would strongly urge you to discuss your predicament with the firm of Murthy or any of your choice.

[JoeF]

7 hours ago, pontevecchio said:

Once he left the country you were not in valid H4 status after October,2018 and hence the COS was in error.

I would strongly urge you to discuss your predicament with the firm of Murthy or any of your choice.

My understanding is that the OP filed a COS to F1 as soon as she was enrolled, i.e., before her husband left the country.

Edited July 15, 2019 by JoeF

[pontevecchio]

Once her spouse left the country she was no longer in H4 status. Hence the pending COS should not have gone ahead as she had no legal status to change. You need to be in valid status at the time your COS goes in to effect. 

[JoeF]

5 hours ago, pontevecchio said:

Once her spouse left the country she was no longer in H4 status. Hence the pending COS should not have gone ahead as she had no legal status to change. You need to be in valid status at the time your COS goes in to effect. 

Hmm, not quite true. For example, if a person is on H1, and files a COS to H4 the person can stop working on the H1, i.e., not being in valid H1 status anymore, way before the COS to H4 is approved.

[jenny0911]

Need immediate advise on below situation!!

I  was on L1 and my  spouse on L2 . I did COS to F1 which got approved and my spouse became F2 now.However, we didn't go for F1 stamping yet and my spouse now got admitted for Fall 2019 for her first Masters.

1) So, Now can she go directly to apply for F1 visa in India or she need to first stamped the F2 visa on her passport ?

2) Also, while filing DS-160 it's asking the last visa issue details so it should come as L2 which is in the passport or F2 for which COS was approved ?

Experts - Please advise!!

Thank you in advance!!

[pontevecchio]

Never mind. I missed the part about the OP having changed status to F1 before the spouse in H1 status left. The CPT would seem to be a red flag unless unequivocally required of all persons taking that course.

@jenny....

1. She can apply directly for the F1 visa.

2. She is only in F2 status now and her last visa issued would seem to be L2.