F1 visa after 1 year of MS

[van9185]

Hi,

I am enrolled in an MS program in a reputed university. I was on h4 visa for the first two semesters. I could not do a COS because of my pending extension application.

Now I am in India and currently my h4 visa is expired, my h1b spouse had just a month remaining on 6yrs h1b. We are waiting for our perm approval which is in audit. As DOL processing is taking too long right now , I am not sure if we will be able to get our perm and the I-140 before the start of my fall 2013 semester.

My question is would this be the right timing to go for an F1 visa stamping?? My f1 visa was rejected last year based on potential immigrant clause. So I just want to know that is my case stronger this year because I need to finish my masters and as on date we hold no valid stamp.

Please advice.

Ps: sorry for the long post

[pontevecchio]

Potential Immigrant intent is usually always the reason given, true or not. How long has the PERM been pending?

[van9185]

Yes, I think dependents of h1b holders usually get that response.

Perm has been pending for 10 months now.

[pontevecchio]

Your timing was off. I would think that discussing the matter with a Lawyer would be a good idea. If the PERM is pending 365 in 2 months he should be able to get H1 extensions with PP. You should apply for the F1 visa and if denied apply for the H4 visa after your spouses H1 extension comes through. No, Dependents of H1 people do not get rejected as an Immigrant as H1 is dual intent.

[van9185]

Thank you for your response. Yes I am planning to go for f1 stamping. I have a teaching assistants hip and I would be able to take that only on f1 visa.