H4 -- F1


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Here is my situation.

1. I currently have a stamped H4 visa valid until Sep 2011.

2. I had filed an H4 extension (I-539) in Apr 2011 and it got approved recently while I was on my travel to India. I have approval notice.

3. In May 2011, I got admitted to a university and have I-20 with me. I am planning to go and get my F1 stamped since I am already in India.

My question is:

1. If my F1 gets stamped then will I also have my H4 or will it get cancelled.

2. When I re-enter US on F1 what will be my status after Sep 2011. I am asking this bcos, I have approval notice from USCIS that my H4 extension will come into effect from Sep 2011. Basically, I do not want to go back to H4 but I do not know if there is a way to tell USCIS that I do not need it anymore since I have F1 stamped.

3. Just in case my F1 gets rejected will my H4 remain intact and will I still be able to re-enter on the H4 that is valid until Sep 2011 and I also have H4 entension approval notice from Sep 2011 to Sep 2014.

I appreciate all your help regarding this matter. JoeF, I have read most of your posts and your advise has been really valuable. I would greatly appreciate if you could please suggest the answers regarding my queries.

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1 If your F1 visa is approved the H4 visa may be cancelled without prejudice in which case you can apply for the H4 visa in future if you need it.

2. If you reenter on the F1 visa you will be in F1 status.

3. If the F1 visa is rejected and they have cancelled the H4 visa without prejudice you should be able to reapply for the H4 visa.

I am assuming you are now studying in the college. H4 extensions are merely status extensions and do not involve a petition filing. The way to get H4 status is either by extending it or coming over on the H4 visa with the latest H1 APPROVAL of your spouse. The H4 status extension you have has no meaning in terms of getting a new H4 visa. The H4 visa is only dependent on the valid H1 status of the person in H1 along with marriage to him.

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