H4 to F1 visa stamping in Hyd (Rejected)

[Krux]

Hello All,

 

My wife came to US on H4 and got F1 approved in 2013 by USCIS. And she already completed 7 courses out of 12. 

 

she went for F1 stamping in India(Hyderabad). And it got rejected and reason was 214(b). 

 

The main reason was Officer asked for my 2013 W2 forms, and i had two W2's for that year. And she was not convinced with my income and Officer thinks which is not sufficient to complete F1. 

 

And she didn't even ask for other savings which i had in my current banks and indian banks. and also my current pay stubs or current salary income. 

 

Actually till oct 2013 my old salary was very less and now it is 35% more than i got it before. and which is far sufficient to complete other 5 courses.

 

1. If she applies again, what are the chances to get F1 approved
2. worst case, if F1 got rejected second time. Is she can come back to US on H4 becoz its still valid till 2015. 
3. After coming back can i revoke her status to F1 and how long it will take.

Can someone please suggest whats possibilities we have.

 

Thanks

[jairichi]

Hello All,

 

My wife came to US on H4 and got F1 approved in 2013 by USCIS. And she already completed 7 courses out of 12. 

 

she went for F1 stamping in India(Hyderabad). And it got rejected and reason was 214(b). 

 

The main reason was Officer asked for my 2013 W2 forms, and i had two W2's for that year. And she was not convinced with my income and Officer thinks which is not sufficient to complete F1. 

 

And she didn't even ask for other savings which i had in my current banks and indian banks. and also my current pay stubs or current salary income. 

 

Actually till oct 2013 my old salary was very less and now it is 35% more than i got it before. and which is far sufficient to complete other 5 courses.

 

1. If she applies again, what are the chances to get F1 approved
2. worst case, if F1 got rejected second time. Is she can come back to US on H4 becoz its still valid till 2015. 
3. After coming back can i revoke her status to F1 and how long it will take.

Can someone please suggest whats possibilities we have.

 

Thanks

1. Your spouse can try again but convincing VO would be tough with same set of documents.

2. Yes.

3. She can apply for COS from H4 to F1 and it would take 3 to 4 months plus for approval.

[rahul412]

 

 

1. If she applies again, what are the chances to get F1 approved
2. worst case, if F1 got rejected second time. Is she can come back to US on H4 becoz its still valid till 2015. 
3. After coming back can i revoke her status to F1 and how long it will take.

 

1. Contact an attorney.

2. Yes her H4 is still valid.

3. you mean COS to F1? It takes 3-4 months.

[t75]

COS is not guaranteed and with a denial of stamping,there should be an issue.

[hjs90]

My wife has a similar issue. She came on US on H4 visa and then did COS and finished her 8 subjects. We visit India and she went for F1 and it got rejected twice and the reason is 214(b). Now we decided to go with the H4 visa and she is going for H4 visa stamping.

 

Have you already tried F1 again? or Are you also go with H4?

[Krux]

Tried twice and rejected. This time reason was no intensions to return back to india.

 

one last time thinking of going to Chennai consulate. 

[rahul412]

Tried twice and rejected. This time reason was no intensions to return back to india.

 

one last time thinking of going to Chennai consulate. 

Why don't you file for COS after entering on H4?

[Krux]

chances are less for COS to approve f1, becoz its already been rejected for stamping.

[rahul412]

chances are less for COS to approve f1, becoz its already been rejected for stamping.

then why don't you contact an attorney?

[jairichi]

chances are less for COS to approve f1, becoz its already been rejected for stamping.

Not really. You should try what rahul412 said.

[t75]

Changing consulates should have no effect as they operate under the same rules and have access to earlier info.

[Krux]

Thanks guys, I will be going to re apply COS H4 to F1.

 

What procedure will be followed to re apply. Already she has SEVIS, I have to fill I- 539. 

 

Please Can anyone tell me detail of documents needed and procedure to follow. It will save lots of time for me

[nkyb]

Hi,

I had same issue. My F1 got rejected when I went back to India for stamping. The possible reason is potential immigrant as I first had COS from H4 to F1 and did my masters. MBA and applied for Doctorate now and also worked on CPT, OPT for 2 yrs .

 

It would be great if someone advice me what to do, go for F1 stamping again or COS to H4 ?

[jairichi]

Hi,

I had same issue. My F1 got rejected when I went back to India for stamping. The possible reason is potential immigrant as I first had COS from H4 to F1 and did my masters. MBA and applied for Doctorate now and also worked on CPT, OPT for 2 yrs .

It would be great if someone advice me what to do, go for F1 stamping again or COS to H4 ?

Is your CPT a good one?

[JoeF]

Hi,

I had same issue. My F1 got rejected when I went back to India for stamping. The possible reason is potential immigrant as I first had COS from H4 to F1 and did my masters. MBA and applied for Doctorate now and also worked on CPT, OPT for 2 yrs .

 

It would be great if someone advice me what to do, go for F1 stamping again or COS to H4 ?

 

That working on CPT is probably what killed your chances.

Legitimate CPT is very rare. Most cases with CPT involve abuse of CPT, it not being an integral part of the curriculum.