H4 - F1: Change of status or Direct stamping?

[p31]

Hello experts,

 

Can you please suggest me with the below situation? 

 

My wife is currently on H4 visa (she has an approved I-797 till 2016 but her stamping expired in this October).  She has started her MBA this fall on H4 and the program requires a compulsory internship.  So, we initially planned to apply for her change of status from here but she has to go to India late March to attend an important event.  Now, we plan to directly apply for F1 visa in India without applying for any change of status here.  

 

• Is this a good plan?
• Does she have to get an I-20 for Spring semester because she will be going in the middle of the semester?
• If her F1 is rejected, how soon can she apply for H4 (is it dependent on just the availability of dates)?
• Will she have problems for getting an H4 visa?
• Also, my I-140 is approved and her name is not included in it yet.  Will it be a problem for because of the non-immigrant nature of the F1 visa?

Thanks a lot in advance for the responses.

 

 

[pontevecchio]

Have her apply to change her status here. If denied she can always apply for the H4 visa. She should ask her DSO about mid semester trips. The H4 visa is heavily dependent on the credibility of your H1. Was not there a section about family in the I-140 application?

[jairichi]

 

Hello experts,

 

Can you please suggest me with the below situation? 

 

My wife is currently on H4 visa (she has an approved I-797 till 2016 but her stamping expired in this October).  She has started her MBA this fall on H4 and the program requires a compulsory internship.  So, we initially planned to apply for her change of status from here but she has to go to India late March to attend an important event.  Now, we plan to directly apply for F1 visa in India without applying for any change of status here.  

 

• Is this a good plan?
• Does she have to get an I-20 for Spring semester because she will be going in the middle of the semester?
• If her F1 is rejected, how soon can she apply for H4 (is it dependent on just the availability of dates)?
• Will she have problems for getting an H4 visa?
• Also, my I-140 is approved and her name is not included in it yet.  Will it be a problem for because of the non-immigrant nature of the F1 visa?

Thanks a lot in advance for the responses.

 

 

1. Yes.

2. I think so but not 100% sure.

3. Immediately if dates are available.

4. Depends on your status.

5. Nope.

[t75]

If COS is in process when she leaves, it is abandoned.

 

If your H1B is good, H4 stamping should not be a problem.

 

I-20 required for stamping.

 

It is poor planning to leave in middle of semester and miss classes.  Few events are as important as class attendence. Many faculty will not excuse and will give F for missed assignments and exams.

[p31]

Have her apply to change her status here. If denied she can always apply for the H4 visa. She should ask her DSO about mid semester trips. The H4 visa is heavily dependent on the credibility of your H1. Was not there a section about family in the I-140 application?

 

I got married after my I-140 process was initiated....

 

If COS is in process when she leaves, it is abandoned.

 

If your H1B is good, H4 stamping should not be a problem.

 

I-20 required for stamping.

 

It is poor planning to leave in middle of semester and miss classes.  Few events are as important as class attendence. Many faculty will not excuse and will give F for missed assignments and exams.

 

I understand that it is poor planning to go mid semester but the situation demands it.  Moreover, the MBA program here has a split semester model (8 weeks + 8 weeks).  So, she is planning to go immediately after the first 8 weeks where she would miss the first week (of the second half) and the next week is a spring break.  This would give her 2 weeks in total for her stamping needs.  All in the good hope that everything works according to the plan.

 

Thanks everyone for the responses.

[quantbuff]

Just so as you know COS does not guarantees F1 Stamping. When you go to India and apply for stamping its a completely new application DS160 etc. ( COS might help your case but don't entirely depends on it). Also COS can take a month 6 months or more ( took 6 months for my wife)