Change of H4 Visa to F1

[Abhi1712]

Hello Everybody:

 

Currently I am on H4 visa. I am applying to F1 Visa next month (September-2013) with an average university (this is new university, got recently accreditation). I will be getting F-1 Visa approval by November-2013. I am planning to go India in January-2014. I do have following questions:

 

0) If I apply for F-1 visa stamping, does this process automatically cancel my current H-4 visa?

 

1) If my F-1 visa stamping got rejected, can I come back to USA on my current H4 visa (it is valid till Sept-2015)?

 

2) If F-1 Visa get rejected, what are chances of H4 visa rejection?

 

3) If I came back to USA with H4 visa due to F-1 visa rejection, can I continue my education to university? How does it affect in future amenities such as OPT & CPT?   

 

Awaiting reply.

 

Thanks,

Kshitija.

[jairichi]

(1) Sometimes if approved they do cancel the current valid visa in your passport

 

(2) Yes, you can.

 

(3) Yes, you can. On H4 there is no OPT or CPT.

[rahul412]

http://forum.murthy.com/index.php?/topic/62112-conversion-of-h4-visa-to-f1/

[Belle]

Why are you posting in the AOS/CP section? Do you have any immigrant cases pending?

 

So, here is the deal. If they find you ineligible for F1 visa, it can be because 1) you are ineligible to come to the US, i.e. inadmissible in general (overstays, criminal background, etc) 2) your university ain't no good or 3) you have proven immigrant intent. In case 1) your H4 visa should be cancelled. In cases 2 and 3 you should be able to come to the US on H4 visa, assuming the conditions of your spouse's H1 employment still exist (i.e. s/he still have that job). You may continue to study while in H4 status, but you can't use OPT, which is a featuer of F1. Don't even think of CPT - that's 99% fraud and a red flag.