F1 to H4 Stamping.

[ab5]

Hi,

 

I am currently on H1 and my wife is on F1. My current H1 is expiring on September 30 2013 and I have my extension approved from October 1st. My wife's OPT is about to expire on the 30th of September and I want to file for a change of status for her from F1 to H4.

 

My question is, instead of filing for a change of status here, can she go to India now, get her H4 directly stamped from there using my new I797 and come back after October 1st (similar to people who get married to a girl in India and bring her to the US on H4 after having it stamped in India)? This way, I was thinking I can eliminate the risk of having to wait for 2-5 months (according to a few forums) for the change of status to happen if I file for it here in the US. Am I missing something here?

 

Any kind of advice/input would be greatly appreciated.

 

Thanks!

 

 

 

[pontevecchio]

Just file her COS from F1 to H4 based on your approved H1. No risk.

[ab5]

Thanks for your response pontevecchio.. But the thing is, she has to go to India for some personal work anyway and we can't avoid that. So can she just get her H4 stamped and come back?

[pontevecchio]

YES.